Law Society issues guidance on litigation

On 13 April, the Law Society of England and Wales released a new practice note to assist solicitors engaged in litigation, subsequent to the Court of Appeal’s ruling in The Chartered Institute of Legal Executives (CILEX) -v- Mazur & others. The court examined the phrase 'carry on the conduct of litigation' in light of a 2025 High Court decision, which maintained that only authorised individuals have the right to conduct litigation.

The recent judgment clarified that an unauthorised individual can legally carry out tasks related to litigation on behalf of an authorised person, such as a solicitor or an appropriately accredited CILEX member, as long as the authorised person retains overall responsibility for those tasks. Consequently, the authorised person is deemed to be the one conducting the litigation, while the unauthorised individual does not breach any laws. Furthermore, the judgment emphasised that the delegation of tasks requires adequate supervision and management, with specifics set to be determined by regulatory bodies.

Brett Dixon, vice president of the Law Society, commented, “This practice note sets out our understanding of how the judgment should be interpreted, pending further guidance from the Solicitors Regulation Authority (SRA), which we are working with them to develop.” He noted that the new ruling introduces a less restrictive environment for litigation conduct than the prior High Court ruling, yet it does not eliminate all restrictions regarding the roles of unauthorised personnel in regulated firms.

In discussing the implications of the ruling, Dixon explained, “The Court of Appeal judgment did not alter the position that only authorised persons are entitled to carry on the conduct of litigation. However, it confirmed that an authorised person can delegate tasks within the litigation to an unauthorised person, as long as the authorised person maintains responsibility for those tasks." He further clarified the concept of responsibility, indicating it involves both the formal accountability for the tasks and adherence to professional principles.

To ensure that solicitors are well-informed about these changes, Dixon encouraged members to read the SRA’s regulations regarding supervision and litigation. He also added, “We know the profession is looking for guidance following the judgment and we will be holding a webinar on 14 April to explain what this judgment means for firms, and to give our members a chance to ask questions about it.”