The Court of Appeal will hear the Mazur case in February after the matter was expedited. The appeal from the Chartered Institute of Legal Executives in Mazur & Ors v Charles Russell Speechlys LLP will begin on 24 February, with an estimated time of four and a half hours for submissions.
The case has been brought forward because of its significance to the legal sector.
In his September decision, Mr Justice Sheldon ruled that the Legal Services Act stipulated that only authorised people can conduct litigation.
The appeal was originally listed to be heard before February 2027, although it was always likely that proceedings would be earlier.
Sean Linley, director of Newcastle costs firm Carter Burnett, said: ‘It is widely expected that judgment will be reserved and handed down at a later time but the speedy turnaround in listing highlights the significant importance attached to the case.’
The appeal outcome should provide some clarity about the status of unauthorised legal executives and paralegals and whether they are acting unlawfully by conducting certain elements of litigation. In spite of the LSA, many litigation firms have developed business models which effectively rely on staff whom the Mazur ruling would class as not able to conduct litigation.
In granting permission for the appeal, the court said it did not need to form a view on the prospects of success as the case. Its significance to the legal profession 'is a compelling reason for an appeal to be heard’.
CILEX will argue that Mazur was wrongly decided and will further submit that the ruling has created uncertainty. Chief executive Jennifer Coupland said last month: ‘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 is being represented pro bono by Nick Bacon KC, head of 4 New Square, and by Iain Miller, a partner, and Stephen Nelson, senior associate, of London firm Kingsley Napley. The Law Society has been given permission to intervene.






















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