Regulators join forces to enhance guidance

In a concerted effort to improve the guidance provided to legal professionals regarding the conduct of litigation, the Legal Services Board (LSB) has released the findings of its latest review. This initiative was undertaken in collaboration with various approved regulators and regulatory bodies and aims to strengthen the consistency of guidance in the legal profession while protecting consumer interests.

The review was sparked by the High Court judgment in the Mazur case from September 2025 and subsequent clarifications from the Court of Appeal in March 2026 clarifying the ability of unauthorised individuals to conduct litigation under the supervision of authorised personnel. Although regulators responded positively by updating their guidance in light of these judgments, the LSB found that the previous advice received by professionals lacked uniformity and clarity. In 2022, differing interpretations of legislation by various regulators led to a lack of effective cross-regulator communication aimed at rectifying these inconsistencies.

While some regulators assessed non-compliance with the Act to be minimal, the LSB's findings suggested that assessments were possibly compromised due to a limited understanding of how supervisory roles over unauthorised individuals were functioning in practice. The impact of the High Court's ruling on legal professionals was significant; some firms reassigned work responsibilities while others faced job losses or demotions.

Richard Orpin, Chief Executive at the LSB, acknowledges, "To ensure that consumers and the public are well protected, it is critical that guidance to legal professionals is clear, consistent, and underpinned by robust regulatory assurance." Encouragingly, since the Court of Appeal ruling, various regulatory bodies including the Solicitors Regulation Authority and the Law Society have published updated guidance. The Law Society and CILEx have also arranged webinars to clarify the practical implications of the ruling.

In October 2025, the LSB approved CILEx Regulation's application for standalone litigation rights, which has thus far enabled over 1,000 chartered legal executives to engage in litigation independently. To bolster these advancements and tackle broader concerns, the LSB has outlined several actions for regulators: providing lucid guidance on supervision levels, sharing draft guidelines with a broader range of stakeholders, collecting better data on activities within regulated communities, and enhancing assurance processes to identify regulatory risks proactively.

The LSB has further committed to reviewing guidance across other reserved legal activities to spot and resolve similar issues, reflecting its shift towards proactive oversight in the regulatory realm. Jennifer Coupland, CEO of CILEX, remarked on the LSB's regulatory review, stating, “CILEX has been fully transparent with the LSB during the review process and we accept the findings of today’s report.” She noted the precariousness of the existing regulatory framework and expressed a commitment to improving coordination and clarity among regulators.

While acknowledging improvements, Coupland expressed disappointment over the LSB's report, citing a lack of recognition of the LSB's own oversights and the real-world consequences of regulatory failure on legal professionals. As CILEX embarks on a five-year strategy to push for regulatory reform and modifications to the Legal Services Act, the need for clearer and more consistent guidance remains paramount for the profession moving forward.