Mazur and the Conduct of Litigation
This practice note provides advice on ensuring only authorized individuals conduct litigation, following the High Court judgment in Mazur v Charles Russell Speechlys.
Under the Legal Services Act 2007 (LSA 2007), the conduct of litigation is a 'reserved legal activity', requiring authorization from the Solicitors Regulation Authority (SRA) or another approved regulator.
- A person must be authorized to conduct litigation.
- Unauthorized individuals cannot conduct litigation, regardless of their employment or supervisory status.
The definition of the conduct of litigation is narrow, limited to formal steps in proceedings, such as:
- Issuing applications
- Filing statements of case
- Serving documents
No person can carry on the conduct of litigation without authorization.
Author: Ensuring authorized litigation conduct is crucial.