Mazur and the Conduct of Litigation
This practice note provides advice on how solicitors, law firms, and legal businesses can ensure that only authorized individuals conduct litigation, following the High Court judgment in Mazur v Charles Russell Speechlys.
Under the Legal Services Act 2007 (LSA 2007), the conduct of litigation is a 'reserved legal activity', meaning that a person must be authorized by the Solicitors Regulation Authority (SRA) or other approved legal regulator to conduct litigation.
- A person who is not authorized cannot carry on the conduct of litigation, regardless of their employment or management position within an authorized firm.
- Authorization is required even if the individual is working under the supervision of an authorized person. The definition of the conduct of litigation is narrow, limited to formal steps in proceedings, such as:
- Issuing applications
- Filing statements of case
- Serving statements of case
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Only authorized individuals can conduct litigation, as per the High Court judgment in Mazur v Charles Russell Speechlys.
Author summary: Solicitors must ensure only authorized individuals conduct litigation.