The principle underpinning the ruling in Mazur will indeed be tested in the Court of Appeal – but any decision could be over a year away.

Representative body the Chartered Institute of Legal Executives today confirmed it has been granted permission to appeal against the judgment.

The organisation was not party to the original proceedings but relied on the Court of Appeal’s discretion to allow a challenge brought by a person adversely affected by the outcome.

Mr Justice Sheldon ruled in September on a costs issue which opened a Pandora’s box on the issue of who was authorised to conduct litigation. The judge said the Legal Services Act stipulates this is a reserved activity that cannot be conducted by an unauthorised person, even under supervision.

The judgment potentially meant that legal executives and paralegals handling caseloads had been acting unlawfully, even though regulators and representative bodies had appeared to give advice pre-Mazur saying that unauthorised people could conduct litigation under supervision. There have been reports of firms sidelining or even letting go of staff who can no longer conduct litigation in light of the Mazur ruling.

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Commenting on the decision to grant permission, CILEX chief executive Jennifer Coupland said: ‘It is great news that the Court of Appeal has acted quickly and recognised the need for a detailed examination of the issues raised by the Mazur ruling. We have already seen the significant impact it is having, not only on our members but on law firms more widely. We are also concerned about the longer-term impact on access to justice, diversity in the legal profession and the efficient running of the legal system.

‘CILEX will now have the opportunity to present its argument that Mazur was wrongly decided. In addition, the uncertainties that have resulted from this judgment will be fully ventilated and determined through the appeal process.’

But there could be a significant wait for any resolution from the Court of Appeal. The online case tracker for Mazur v Charles Russell Speechlys LLP lists the case as being heard by 1 February 2027, although this could be expedited.