The Court of Appeal will today begin hearing arguments in the long-anticipated appeal arising from the Mazur litigation ruling, a case that could reshape how litigation services are delivered across England and Wales.
The appeal is being led by CILEX, which is asking the court to overturn last year’s decision that found the conduct of litigation to be a strictly reserved legal activity capable of being carried out only by authorised individuals.
In September, Mr Justice Sheldon ruled that litigation falls squarely within the scope of reserved legal activities under the Legal Services Act 2007. The judgment prompted widespread concern across the profession, particularly among firms that rely on supervised, non-authorised staff to carry out elements of litigation work.
In written submissions before the court, CILEX argues that the current post-Mazur position is unworkable and inconsistent with the broader objectives of the Legal Services Act. The organisation maintains that Parliament did not intend to disrupt long-standing practice allowing authorised solicitors to delegate litigation tasks to appropriately supervised colleagues within regulated entities.
CILEX contends that preventing such delegation would undermine innovation, increase costs, and restrict access to justice — particularly for law centres and firms operating under fixed-cost regimes, including those handling personal injury matters. It argues there is no public interest justification for prohibiting supervised staff from undertaking litigation tasks under the oversight of authorised practitioners.
The appeal also challenges what it describes as an artificial distinction created by the earlier ruling — namely the difference between “assisting” with litigation and “conducting” litigation under supervision — a distinction CILEX says has introduced uncertainty into day-to-day legal practice.
CILEX is represented by a pro bono team led by Nick Bacon KC of 4 New Square, alongside counsel and solicitors from Kingsley Napley and Simpson Millar.
The hearing will be presided over by the Master of the Rolls, Sir Geoffrey Vos, sitting with Mr Justice Birss and Mrs Justice Andrews.
Submissions begin this afternoon, with further arguments scheduled later this week from supporting organisations including the Association of Personal Injury Lawyers and the Law Centres Network. The Law Society and the Solicitors Regulation Authority are expected to oppose the appeal. The Legal Services Board and Julia Mazur will also make representations before the court hears reply submissions.
Proceedings will be livestreamed via the Court of Appeal’s official channel.
The outcome is likely to have significant implications for law firms’ operating models, professional regulation, and the wider accessibility of litigation services.
