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Conducting litigation: approach with caution

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In the wake of Mazur v Charles Russell Speechlys, prudence & clear documentation are key, write Kevin Latham & Fraser Barnstaple

The decision of Mr Justice Sheldon in Mazur and Stuart v Charles Russell Speechlys [2025] EWHC 2341 (KB) has sent ripples through the legal profession. By revisiting who can conduct litigation under the Legal Services Act 2007 (LSA 2007), the judgment challenges long-held assumptions about the role of unauthorised staff in litigation.

But are the impacts of the judgment as widespread and, frankly, catastrophic as first feared by some? We would argue not.

Background facts

The litigation in question was handled almost entirely by Mr Middleton, head of commercial litigation at Goldsmith Bowers Solicitors. Although employed by a regulated firm, he was unqualified. He filed and served proceedings, among 28 other important steps listed in the judgment. The appellants applied for his replacement with a qualified solicitor.

The claim was stayed, and in support of an application to lift the stay the firm filed a witness statement from a solicitor at the firm confirming

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MOVERS & SHAKERS

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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Excello Law—Heather Horsewood & Darren Barwick

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Ward Hadaway—Paul Wigham

Ward Hadaway—Paul Wigham

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