A membership body for council lawyers has decided not to intervene in Mazur despite concerns among members about the implications of the seismic High Court ruling on litigation services and the workforce.

Such has been the concern among council lawyers since Mr Justice Sheldon’s ruling established that unauthorised individuals were not permitted to conduct litigation even under supervision, that Lawyers in Local Government (LLG) dedicated a session to Mazur at its governance conference last November.

One solicitor pointed out during the session that their council employs many people who are not lawyers and do not work in the litigation department, but are engaged in litigation. 

It was suggested at the conference that LLG should intervene in the appeal from the Chartered Institute of Legal Executives, which is scheduled to begin on 24 February. On Thursday, LLG announced it will not be intervening.

In a policy statement, LLG said: ‘Local authorities occupy a unique and distinctive position under the Legal Services Act 2007, and it is increasingly clear that their role in the conduct of litigation cannot be fully or appropriately addressed through an appeal.

Read more

‘There is broad consensus across the legal sector that, while the outcome in Mazur has had unfortunate and disruptive consequences for both the public and private sectors, the judgment itself is a credible interpretation of the law. In these circumstances, LLG considers that the most effective and responsible course of action is to pursue legislative clarification and reform, rather than look to overturn the decision through litigation.’

LLG said it would instead deliver a dedicated webinar on how local authorities can minimise risk in the delivery of litigation services, taking into account client department activities which may fall within the scope of Mazur.

Its ‘strategic response’ will also include workforce support and member consultation. Detailed legal advice focused solely on the position of local authorities will potentially be commissioned.

Topics