CILEX to seek permission for appeal over Mazur decision on conduct of litigation

The professional body for CILEX Lawyers, Chartered Legal Executives, paralegals and other legal professionals, said it held "serious concerns" about the impact on law firms, lawyers and the public of Mr Justice Sheldon's decision in Julia Mazur & Ors v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB).

Sheldon J ruled that an employee of an authorised firm cannot conduct litigation simply by virtue of their employment, even if supervised by an authorised person.

The decision raised questions over the use of legal executives in the conduct of litigation and has led to a series of practice notes and guidance being published by legal bodies, including the Law Society and CILEX.

CILEX claims the judgment has had several adverse impacts, including delays in the courts as judges query the status of some lawyers and through satellite litigation over costs.

It also reported delays in the administration of justice, as various government portals struggle with consequential updating, and claimed that some lawyers have lost their jobs in the wake of the decision.

Additionally, CILEX said law firms and other organisations are having to change their business models at considerable cost and detriment to the competitiveness and speed of their services.

"In extreme cases, it could even affect the viability of their businesses," CILEX warned.

Although not party to the original proceedings, CILEX is relying on the Court of Appeal's discretion to permit an appeal to be brought by a person adversely affected by the outcome.

The action is not seeking to affect the outcome of the case in terms of the costs awarded by the court and is instead focused on matters of principle, the professional body said.

CILEX chief executive Jennifer Coupland said: "CILEX was not invited to be heard as part of the original proceedings, but we would like to be heard now. We believe that the issues, uncertainties and real-world impacts triggered by the judgment need to be fully ventilated through this appeal process."

CILEX is being represented pro bono by Nick Bacon KC, head of 4 New Square, and Iain Miller and Stephen Nelson of City law firm Kingsley Napley.

Miller is general editor of Cordery on Legal Services, while Nelson was, until earlier this year, head of legal at the Solicitors Regulation Authority.

Iain Miller, Head of Legal Services Regulatory at Kingsley Napley, said: "We are delighted to be advising CILEX on a pro-bono basis on this Appeal.

"Our extensive work in advising law firms over the last two months on the implications of the Mazur decision has brought home to us the severe impact this decision has had not only upon CILEX members but also the legal profession as a whole. We hope the Court of Appeal is able to fully reconsider the issues."

Adam Carey