The decision of the High Court in late September in Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) has thrown into question who may conduct litigation.  Can a paralegal, litigation executive, trainee, or CILEX Fellow without independent practice rights — conduct litigation under the supervision of a solicitor? Many litigation departments are structured on this basis. Costs were disallowed because someone who was not a qualified representative had signed particulars of claim in a debt recovery matter, despite them being head of department.

On 1st October 2025 the SRA issued a statement on this:

"Our view is that the judgment in the recent case of Julia Mazur & Ora v Charles Russell Speechlys LLP doesn't change the position in law.

Sheldon J said the Legal Services Act (LSA) makes it clear that only regulated individuals can conduct litigation as it’s a reserved legal activity. Non-authorised individuals can support litigation – as they do in other areas – but only an authorised individual, such as a solicitor, should be conducting litigation.

This is the position that we have reflected in our existing guidance on effective supervision, published in November 2022. In that guidance, we say:

'People who are not themselves authorised to conduct litigation can only support authorised individuals to conduct litigation, rather than conducting litigation themselves under the supervision of an authorised individual.'

There is a distinction between conducting litigation and supporting litigation, but the boundary between the two activities will depend on the facts.  Being engaged (whether as an employee or other contractor) by an authorised person who is permitted to conduct reserved activities does not automatically confer a right to conduct litigation on an employee or contractor who is not authorised. They are permitted to support litigation under appropriate supervision, not to conduct it. 

Our guidance addresses many aspects to consider when assessing appropriate supervision arrangements. The onus is on firms to satisfy themselves that they are complying with the LSA, and only authorised individuals are conducting litigation. We recommend you should be recording your decision-making around the approach you are taking (see 'Recording supervision arrangements' in the guidance)."

They have referred to their guidance on supervision arrangements: SRA | Effective supervision | Solicitors Regulation Authority

This part seems to be particularly relevant:

"Reserved legal activities - litigation

LSA 2007 makes no provision for unauthorised people to carry out litigation under supervision. Therefore people who are not themselves authorised to conduct litigation can only support authorised individuals to conduct litigation, rather than conducting litigation themselves under the supervision of an authorised individual.

In our view, the consequence of the LSA 2007 restrictions on litigation is that an unauthorised person who is supporting litigation must be employed in the same firm as the authorised person who is conducting the litigation, rather than somewhere else."

It will be for each firm to decide, but it seems to us that it would be wise that any could documents should be signed by the supervising solicitor.