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Insights · For firms What the Mazur ruling means for firms hiring CILEX lawyers

20 October 2026 · facts checked 22 October 2026 · 11 min read · Wilson Mannion

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In short

The September 2025 High Court ruling in Mazur was reversed by the Court of Appeal on 31 March 2026. Staff who are not authorised, such as CILEX Fellows without litigation practice rights, can do litigation tasks if an authorised person stays responsible and properly supervises. The sources we read to 22 October 2026 report no further appeal.

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If you read the Mazur headlines in autumn 2025, you may still hold a view that has since been reversed. This guide gives the full history, where the law stands on 22 October 2026 and what changes when you hire. It is general information, not legal advice. Take advice on your own supervision arrangements.

Where does the Mazur ruling stand on 22 October 2026?#

The High Court ruling was reversed, and the Court of Appeal decision is the position now. On 31 March 2026 the Court of Appeal held that unauthorised people can perform litigation tasks, if an authorised person keeps responsibility. Every source we read to 22 October 2026 treats that as current.

Here is the history, with each date from the page we read.

What was the Mazur case about?#

It asked whether a person who is not authorised can do the tasks of conducting litigation while working under a solicitor's supervision. Conduct of litigation is a reserved legal activity under the Legal Services Act 2007. The Act makes it an offence to carry on litigation without entitlement (Legal Futures, 23 April 2026).

On 16 September 2025 Mr Justice Sheldon held that it did not. On 1 October 2025 the SRA said the judgment did not change the law. It said unauthorised staff could support litigation under appropriate supervision but could not conduct it. The line, it said, depends on the facts.

Firms felt the effect. The Legal Services Board's final report says some firms reassigned work, and some individuals lost their jobs, retired early or were demoted.

CILEX was not a party in the High Court. It appealed anyway, and the Court of Appeal gave permission. The Law Society and the SRA argued that the High Court decision should stand. The Association of Personal Injury Lawyers and the Law Centres Network supported CILEX (Law Gazette, 31 March 2026).

What did the Court of Appeal decide?#

It decided that unauthorised people can lawfully do litigation tasks for an authorised person, provided that person keeps responsibility. The judges were Sir Geoffrey Vos, Sir Colin Birss and Lady Justice Andrews. Sir Colin gave the judgment, and the others agreed.

Here is what the judgment says, in short.

  1. The tasks and the responsibility are separate. "Conduct of litigation" refers to the tasks. "Carry on" refers to direction, control and responsibility for them (paragraph 187).
  2. The authorised person is the one carrying on the litigation. The court said so in paragraphs 25 and 187(v). Kingsley Napley quotes it as saying the unauthorised person does not commit an offence.
  3. Delegation needs proper direction, management, supervision and control. The details are a matter for the regulators, and the degree of control depends on the circumstances (paragraph 187).
  4. Prior approval of every task is not required. Control may be high in some cases. For routine work, regular meetings and sampling of work may be enough (Legal Futures, 31 March 2026).
  5. There is a limit. Lady Justice Andrews said the key question is whether the person is in truth acting on behalf of the authorised individual. If not, they commit an offence (paragraph 198).

The court gave no complete list of tasks inside or outside conduct of litigation (paragraph 29). Bevan Brittan lists six kinds of work that the judgment treats as unlikely to count. Legal Futures lists seven, adding gathering evidence.

  • Pre-litigation work.
  • Legal advice about proceedings.
  • Letters to opponents.
  • Instructing counsel and experts.
  • Signing a statement of truth.
  • Signing documents the Civil Procedure Rules let a legal representative sign.

It also reports that approving statements of case and deciding to issue proceedings are likely to count. They can still be delegated.

What has happened since the Court of Appeal ruled?#

The regulators have updated their guidance, the Law Society has decided not to appeal, and the court has made a small clarification. Nothing in the pages we read shows a case still going through the courts.

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Who has published what since 31 March 2026
BodyWhat it didDate
Law SocietySaid it would not appeal. A spokeswoman later told Legal Futures it would review its practice note after the court's clarification. We could not open the Law Society's own pages to check what changed.22 and 23 April 2026.
Court of AppealMade three small clarifications under the slip rule, to paragraphs 25, 27 and 187(vii), adding paragraph 31A.April 2026.
CILEx RegulationIssued new litigation and supervision guidance, developed with CILEX and the SRA, replacing its October 2025 interim guidance.29 May 2026.
SRAPublished expanded supervision guidance with case studies, reviewed by the Law Society and CILEx Regulation among others.12 June 2026.
Legal Services BoardPublished its final report and asked regulators for four actions.27 July 2026.

The court's clarification is worth reading in full. Legal Futures reports that it was made after the Law Society asked the court how the judgment should be read. It says the change makes clear that a firm is not at risk of the criminal offence merely because its supervision was inadequate (23 April 2026). The judgment on the National Archives site is now marked as a revised version. Read paragraph 31A yourself or ask your adviser.

The SRA's Jonathan Peddie said the court had provided clarity and the SRA's overall position remained the same. The SRA adds that its guidance sets no new standards beyond its existing rules.

The Legal Services Board found that earlier regulator advice had varied in clarity and consistency. It asked regulators for clearer guidance on adequate supervision, wider sharing of draft guidance, better data on reserved activities and stronger assurance. It set no deadlines on its page.

  • 1,000+

    Chartered Legal Executives awarded litigation practice rights in the six months before 29 June 2026.

    CILEX Mazur FAQs

  • 1,390

    practice rights authorisations since January 2026, as listed on the hub on 18 September 2026.

    CILEx Regulation Mazur hub

  • £450

    CILEx Regulation's application fee for litigation practice rights, as stated by CILEX.

    CILEX Mazur FAQs

  • 4

    actions the Legal Services Board asked regulators to take in its final report of 27 July 2026.

    Legal Services Board

What is still moving? CILEX says it will press the government on the regulatory framework. CILEx Regulation says its guidance does not cover every situation and that it is developing supervision case studies. Meanwhile, work to the current guidance and keep records.

What does it mean for supervising CILEX Fellows and paralegals?#

It means a Fellow can run litigation tasks without litigation practice rights, if an authorised person stays responsible and supervises properly. The same reasoning applies to paralegals and litigation executives. The court's rule is about any person who is not authorised.

What CILEX says a Fellow can do

Fellow without litigation practice rights

  • May conduct litigation under the supervision of an authorised person.
  • The authorised person keeps responsibility and must direct, manage, supervise and control the work.
  • Needs litigation practice rights to supervise unauthorised staff who conduct litigation.
  • Rights of audience are a separate reserved activity under Schedule 2. Check them separately.

Fellow with litigation practice rights

  • May conduct litigation independently.
  • Carries responsibility as an authorised person.
  • May supervise unauthorised staff who conduct litigation.
  • The same applies. Check rights of audience separately.

The SRA's guidance sets out what proper supervision looks like. It says there is no single model. It says delegation can be direct allocation of named tasks or a documented scheme, and must be clear and not based on assumptions. The supervisor should decide when and how to check the work. The authorised person must be able to show they directed the progress of each matter. Proportionate audit is expected, with prompt action on any problem.

The SRA also expects you to write down why you chose your arrangements. It suggests emails, file notes and time records as evidence. It adds that a supervisor with their own fee-earning caseload has less time to supervise. Our guide to how to check supervision before your first law job shows what your own candidates will ask you.

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What should a firm hiring a CILEX lawyer check?#

Check the rights they hold, the supervision they had and the work they will do for you. Do it before the offer, not after the first contentious file lands.

Questions for a CILEX candidate
  • Which litigation practice rights do you hold?

    YesAsk which rights, when they were awarded and by whom. Confirm with CILEx Regulation.

    NoAsk whether they have applied and when they expect a decision. Until then, supervise them as you would any unauthorised person.

  • Who supervised your litigation work, and how was it recorded?

    YesA named authorised person, and file notes or emails that show it.

    No"Informally" is not an answer. Ask what was written down. The SRA expects supervision to be evidenced.

  • What did you do alone, and what did you refer up?

    YesA clear line, with examples of decisions that went to the supervisor.

    NoIf the line is vague, ask who decided to issue proceedings.

  • Do you use the title CILEX Lawyer?

    YesCILEX lists criteria, such as holding litigation rights or declaring you will obtain them by the end of 2026. Ask which applies.

    NoAsk which rights they do hold. The title is not the same as the authorisation.

Then check your own firm. Use this list for each team that runs contentious files.

Before a CILEX lawyer starts on contentious files0 of 9 ticked

On insurance, we have not read an insurer's statement on Mazur, so we do not state one. Ask your broker and get the answer in writing.

Does Mazur affect conveyancing and other work?#

Mainly not. The case was about the conduct of litigation. Preparing a transfer or charge of land for registration, and applying to register it, are different reserved activities under paragraph 5 of Schedule 2 to the Legal Services Act 2007. CILEX conveyancing practice rights are a separate route, open to any person who can demonstrate competence.

It matters where CILEX staff run contentious matters. Think of a boundary dispute in a conveyancing team, a contested estate in a private client team or a lease dispute in a commercial property team. If a Fellow touches those files, apply this article.

Caseload belongs in the same conversation. A supervisor with a full caseload has less time to supervise, as the SRA says. Our article on how many live files is too many shows how to count the load per person.

How does Mazur change hiring?#

It makes practice rights a normal interview question. It also makes supervision capacity a real limit on how many CILEX hires you can take. CILEX CVs will increasingly list rights. Candidates will ask you how supervision works. Both are healthy.

Three practical effects follow.

  1. Check, do not assume. A title on a CV is not an authorisation. Ask for the rights and confirm them with CILEx Regulation.
  2. Plan supervision before you hire. Know who will supervise, how often and with what time. Candidates ask. Our supervision guide lists the questions.
  3. Say what you will do in the advert. State the supervision and the type of files. See how to write a conveyancer job advert for the pattern.

Whoever sends you a CILEX lawyer should say in writing which rights the person holds and what they have done under supervision. Our checklist for choosing a legal recruiter includes the questions to put to an agency. If a hire does not work out, see how the six-month unfair dismissal change affects your timing.

On this siteTell us about the roleSay which rights and what supervision the role needs. The first step is a 30-minute discovery meeting on Microsoft Teams, and you get a written market read before you pay anything.Register a vacancy

Terms are agreed in writing before any CV is sent. Our employers page explains how that works.

Sources

This is general information, not legal advice. Where a figure comes from another organisation, the source is above, and we say when it is dated.

Quick questions.

Short answers to the follow-ups we hear.

Is the Mazur ruling still good law?

The Court of Appeal reversed the High Court on 31 March 2026, and the sources we read to 22 October 2026 report no further appeal. The Law Society said in April 2026 that it would not appeal. We could not check the Supreme Court's own list, so confirm before you rely on this.

What did the High Court decide in Mazur?

On 16 September 2025 Mr Justice Sheldon held that the Legal Services Act 2007 did not let unauthorised people carry out the tasks of conducting litigation, even under supervision. The Court of Appeal held that approach was wrong.

Can a CILEX Fellow conduct litigation without litigation practice rights?

CILEX says a Fellow can conduct litigation under the supervision of an authorised person without the rights. Practice rights are needed to conduct litigation independently or to supervise unauthorised staff who do. The authorised person keeps responsibility for the work.

Does Mazur affect conveyancing?

Mainly not. The case was about the conduct of litigation. Preparing a transfer or charge of land for registration is a different reserved activity under paragraph 5 of Schedule 2 to the Legal Services Act 2007. It matters if CILEX staff in your team run contentious matters, such as property disputes.

What supervision does the SRA expect after Mazur?

The SRA says delegation must be clear and not based on assumptions, and that solicitors should record their reasoning and be able to evidence the arrangements they choose. The court said the degree of control depends on the circumstances and is a matter for regulators.

What should I ask a CILEX candidate about litigation rights?

Ask which rights they hold, when they were awarded and who supervised their litigation work. CILEX says members may use the title CILEX Lawyer if they meet listed criteria, such as holding litigation rights or declaring they will obtain them by the end of 2026. Ask which applies.

Hiring, or thinking about it?

Tell us about the role. We will say whether the market has someone, what they cost and how long it takes, before you pay for anything.

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