High Court Ruling Sparks Nationwide Uncertainty Over Role of Unqualified Staff in Litigation

A landmark High Court judgment in Mazur v Charles Russell Speechlys [2025] EWCH 2341 has triggered widespread concern across the legal profession, with experts warning of nationwide disruption and regulators facing criticism for inconsistent guidance.

Mr Justice Sheldon ruled that unqualified employees of law firms may assist solicitors in conducting litigation but cannot themselves conduct litigation – even under supervision. The decision has raised serious questions about compliance, case management, and costs recovery for thousands of firms, particularly those operating high-volume litigation models.

One barrister described the ruling as having “detonated like a bomb” over the profession.

Firms reliant on non-admitted staff, including paralegals and case-handlers, now face the challenge of evidencing compliance and re-engineering workflows to ensure that only authorised solicitors carry out reserved activities such as issuing proceedings or signing pleadings. The judgment also has the potential to open the door to disputes over historical cases where unauthorised staff undertook litigation steps.

The Solicitors Regulation Authority (SRA) has yet to provide public guidance, but a spokesperson told Legal Futures that the regulator “will be looking at the judgment”. Critics have expressed frustration at the regulator’s silence despite the significant operational and financial impact on the sector.

The High Court judge even warned that firms allowing unauthorised staff to carry on reserved legal activities may be committing a criminal offence.

Both CILEX and the SRA are now under pressure to clarify their positions and provide urgent guidance. CILEX has acknowledged members’ concerns and promised to work with regulators to deliver consistent advice across the profession.

Legal experts have also raised concerns about the long-term impact on access to justice, training for junior lawyers, and the cost of litigation. While probate and conveyancing are unaffected due to statutory exemptions, litigation practices face immediate uncertainty, with compliance teams well advised to urgently review supervision structures and record-keeping.

The profession now awaits coordinated regulatory guidance to address what has been described as a significant change in how litigation is conducted in England and Wales.

Analysis and review produced by Tomas McCabe who is a Probationary Tenant at Farrar’s Building. Tomas accepts instructions in Chambers’ core practice areas.  For further information, please contact his Clerking Team.

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