The Legal Services Board (LSB) will convene a high-level meeting with frontline legal regulators to address ongoing uncertainty triggered by the recent Mazur judgment. 

First reported by Legal Futures, the High Court ruling by Mr Justice Sheldon clarified that non-authorised individuals working in law firms cannot conduct litigation, even under the supervision of a solicitor or other authorised individuals. While the judgment did not alter the law, it has exposed widespread misunderstanding across parts of the profession. 

Regulators under pressure to clarify rules 

In response, the LSB is exercising its oversight role by bringing together the affected regulators to assess their response and coordinate next steps. 

A spokesperson for the oversight body said: 

“While the judgment does not change the law, we recognise that it has raised questions about how some in the profession have interpreted and implemented the reserved legal activity ‘conduct of litigation’ under the Legal Services Act in practice. 

“It is of paramount importance that lawyers and legal professionals involved in litigation receive clear and accurate information and comply with their scope of authorisation.” 

The LSB confirmed it is in ongoing contact with both regulators and representative bodies and will use the meeting to review what guidance has been issued and what further action is planned. 

CILEX members among those hardest hit 

Although the ruling applies broadly to all non-authorised individuals, its impact has been particularly acute for members of the Chartered Institute of Legal Executives (CILEX), many of whom have been practising under supervision in litigation roles. 

In response, CILEx Regulation has published interim guidance and a detailed FAQ. The guidance stresses that only individuals with authorised litigation rights can formally conduct litigation. That responsibility must be clearly documented, with actions such as signing claim forms and taking key decisions carried out by the authorised individual. 

However, the guidance does acknowledge that non-authorised staff can continue to carry out a range of delegated day-to-day tasks. 

CILEx Regulation chair Jonathan Rees said the regulator “recognised the huge distress and uncertainty” caused by the ruling and confirmed that an early application has been submitted to the LSB to allow legal executives to apply for standalone litigation practice rights, decoupling them from advocacy rights. Currently, these come as a package. 

He added that steps were already being taken to streamline the application process, and the regulator would ensure sufficient resources to handle a potential surge in applications. 

Representative body voices ‘deep concern’ 

In a joint message to members, CILEX president Sara Fowler and chief executive Jennifer Coupland said they were “deeply concerned about the upset this is causing our members” and acknowledged widespread frustration. 

They clarified that the ruling does not apply to CILEX members working in conveyancing and probate, due to specific exemptions in Schedule 3 of the Legal Services Act 2007. These allow supervised individuals to handle those reserved activities. No such exemption exists for litigation. 

CILEX reiterated that its long-standing interpretation of the legislation has been consistent with other regulators and official guidance. Since litigation practice rights were introduced in 2014, the organisation has repeatedly encouraged its members to obtain them.