Background

In CILEX v Mazur and others [2026] EWCA Civ 369, the Court of Appeal provided important clarification on the interpretation of the phrase “carry on the conduct of litigation” in the Legal Services Act 2007 (“LSA 2007”). The judgment addresses the question whether an unauthorised person, working under the supervision of an authorised individual, may lawfully perform litigation tasks without committing a criminal offence. It further provides some guidance on what acts are unlikely to constitute the conduct of litigation.

The appeal arose from a High Court decision which held that unauthorised persons who performed acts constituting the conduct of litigation, even under the supervision of an authorised individual, were themselves carrying on a reserved legal activity contrary to section 14 of the LSA 2007. That interpretation had significant implications for law firms, law centres, and access to justice.

Legislation

The LSA 2007 identifies the ‘conduct of litigation’ as a reserved legal activity. Schedule 2 provides that it includes:

• The issuing of proceedings;
• The commencement, prosecution and defence of proceedings; and
• The performance of ancillary functions in relation to those proceedings.

Section 14 makes it a criminal offence to carry on a reserved legal activity unless the person is authorised to do so. The central issue on the appeal was whether an unauthorised employee who performs litigation tasks under supervision is themselves ‘carrying on’ the conduct of litigation, or whether that activity remains attributable to the authorised individual who retains responsibility for the case.

Can unauthorised persons ‘carry on the conduct of litigation’ if they carry out acts that constitute the conduct of litigation under the supervision of authorised individuals?

At first instance, the judge drew a distinction between assisting or supporting an authorised individual in litigation and conducting litigation under supervision.

The judge held that only the former was lawful. On that analysis, unauthorised persons could assist with litigation work but could not perform acts which fell within the statutory definition of the conduct of litigation, even where an authorised person supervised their work and retained ultimate responsibility.

That approach reflected the submissions of the Law Society and the SRA and would have required close, step‑by‑step oversight by authorised individuals, including prior approval of documents before they were used, even in urgent cases.

The Court of Appeal rejected that interpretation. It held that the ordinary meaning of the statutory language distinguishes between the tasks which make up the conduct of litigation and the direction, control and responsibility for those tasks.

The Court concluded that an unauthorised person does not carry on the conduct of litigation merely because they perform litigation tasks for and on behalf of an authorised individual. Provided the authorised person retains responsibility and puts in place appropriate arrangements for delegation and supervision, it is the authorised person who is carrying on the reserved legal activity.

The Court, therefore, held that the distinction adopted at first instance between ‘assisting’ and ‘conducting litigation under supervision’ was incorrect.

What acts constitute conducting litigation?

The Court of Appeal declined to set out an exhaustive list, however, it confirmed that a number of activities are unlikely to constitute the conduct of litigation, including:

• Pre‑litigation work;
• Giving legal advice in connection with proceedings;
• Correspondence with opposing parties;
• Gathering evidence;
• Instructing and liaising with experts or counsel; and
• Signing statements of truth or other documents which the CPR permits a legal representative (defined in CPR 2.3 including a solicitor’s employee) to sign.

Delegation and supervision

The Court emphasised that the LSA 2007 does not mandate a single model of supervision. There had to be proper direction, management supervision and control. However, the level of supervision required will depend on the circumstances. In some cases, particularly complex or high‑risk matters, closer oversight and prior approval may be appropriate. In other, more routine cases, supervision may properly consist of structured systems, regular meetings, and sampling of work.

The statute does not require prior authorisation of every task in every case. The question is whether the authorised individual has retained responsibility and exercised appropriate direction and control.

The Court of Appeal made clear that details of the appropriate supervision were a matter for the regulators. Following the judgment, the Law Society has issued a Practice Note which is key reading for firms, solicitors and their employees as it sets out its view of good practice and practical steps firms can take. Further guidance is awaited from the Solicitors Regulation Authority.

Conclusion

The Court of Appeal’s judgment has provided reassurance across the legal industry and has restored a practical and workable model of legal service delivery which aligns with the regulatory objectives of the LSA 2007, including improving access to justice. It confirms that the LSA 2007 is concerned not with who performs individual litigation tasks, but with who retains responsibility for them. Unauthorised staff may lawfully carry out litigation tasks under appropriate supervision, without committing a criminal offence, provided responsibility remains with an authorised individual. However, an element of uncertainty remains particularly as what amounts to appropriate supervision depends on the circumstances, and we can therefore expect to see further developments.

Ellena Hunter is an Associate in the Costs and Litigation Funding Department at Clarion Solicitors. You can contact the team at civilandcommercialcosts@clarionsolicitors.com