header-logo header-logo

Conducting litigation: approach with caution

233324
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll