A membership organisation representing council lawyers has confirmed it will not intervene in the upcoming Mazur appeal, despite widespread concern among local authority legal teams about the ruling’s impact on litigation services and staffing structures.
Since the High Court decision by Mr Justice Sheldon, which confirmed that unauthorised individuals cannot conduct litigation even when supervised, the judgment has caused significant uncertainty across local government legal departments. The ruling has raised particular concerns about councils that rely on non-lawyer staff to support litigation work.
The issue was discussed in detail at a governance conference hosted by Lawyers in Local Government (LLG) last November, where members highlighted that many council employees involved in litigation are neither qualified lawyers nor part of formal litigation teams.
During that session, it was suggested that LLG should intervene in the appeal brought by the Chartered Institute of Legal Executives, which is scheduled to be heard from 24 February 2026. However, LLG has now confirmed it will not take part in the proceedings.
In a policy statement, LLG explained that local authorities operate within a unique statutory framework under the Legal Services Act 2007, and that their role in litigation cannot be properly resolved through an appeal alone. The organisation acknowledged that the Mazur judgment has caused disruption across both the public and private sectors but said the ruling represents a credible interpretation of the law.
LLG concluded that legislative clarification and reform would be a more effective and responsible response than attempting to overturn the decision through litigation.
Instead, the organisation plans to support members through a dedicated webinar focused on reducing risk in the delivery of litigation services, particularly where departmental activity may fall within the scope of the Mazur ruling. Further measures will include workforce support, member consultation, and the possible commissioning of specialist legal advice tailored specifically to local authorities.
