The legal profession is preparing for a significant hearing in the Court of Appeal next week, as judges consider an appeal that could bring clarity to the question of who is legally entitled to conduct litigation.
The appeal follows a High Court ruling last September by Mr Justice Sheldon, which concluded that individuals who are not authorised persons under the statutory framework are not permitted to conduct litigation — even when working under supervision within a regulated law firm. The decision sent shockwaves through the sector, affecting firms of all sizes and prompting widespread debate about staffing models, costs, and access to justice.
For many years, law firms have relied on legal executives, paralegals and trainee solicitors to carry out litigation tasks under appropriate supervision. The High Court’s interpretation of the rules raised concerns about whether such longstanding practices comply with the requirements of the Legal Services Act 2007, which designates the conduct of litigation as a reserved legal activity restricted to authorised persons.
Professional bodies have now stepped in to challenge the ruling. CILEX will argue that the decision was wrong and should be overturned, stating that the consequences for its members and the wider profession have been profound. The appeal is also being supported by the Association of Personal Injury Lawyers and the Law Centres Network, both of which have raised concerns about the potential impact on access to justice.
The Law Society has reaffirmed its position that litigation must be carried out by authorised individuals, even within regulated entities, though it maintains that non-authorised staff may provide extensive assistance provided the authorised lawyer retains overall responsibility, exercises professional judgment, and ensures active supervision.
The hearing is scheduled to begin on Monday afternoon and will continue later in the week. The outcome is expected to provide much-needed guidance to law firms, regulators and practitioners on the boundaries of delegation and compliance within litigation practice. A judgment clarifying the scope of authorised conduct could have lasting implications for staffing structures, operational costs and the delivery of legal services across England and Wales.
The proceedings will be livestreamed via the Court of Appeal’s official channel, and the profession will be watching closely as the court considers an issue central to the structure of modern legal practice.
