The Court of Appeal has today (31 March) handed down its long-awaited judgment in Mazur v Charles Russell Speechlys LLP, overturning the High Court’s restrictive interpretation of who may conduct litigation and restoring long-standing delegated delivery models across the UK legal sector.
The ruling brings clarity to a profession that has spent months in operational uncertainty after the High Court ruling that non-authorised persons may not carry out litigation activities.
In a significant reversal, the Court of Appeal has confirmed that non-authorised legal staff may carry out litigation activities, provided they are acting under the supervision and responsibility of an authorised person.
The judgment acknowledges the operational reality that paralegals and legal executives routinely carry out substantive litigation tasks and is a signal that the courts are willing to interpret the statutory framework in a way that accommodates contemporary delivery models.
The Court was plainly alive to the consequences of the High Court ruling, which had threatened to increase costs, reduce capacity and disrupt high-volume litigation practices. It is a boost for low-cost delivery models, often operated out of law firm business centres, where the objective is to keep client costs down.
Commenting on the judgment on LinkedIn, Emma Beynon, a legal director at UK law firm Anthony Collins, said: “Mazur being overturned by the Court of Appeal is the Easter gift that many wanted – I hope this provides much hope for the future for those conducting litigation.”
However, legal recruitment consultant Robyn Evans reminded that people have lost jobs and struggled with their mental health during this time , commenting: “These past months have been confusing and stressful for members trying to navigate changing guidance, portfolios, and practice rights. Today, there’s finally some clarity and reassurance.”
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