Important Notice: Mazur Update (Court of Appeal Judgment) & CILEX Exam Registration Deadline Reminder (Tomorrow, 2nd of April, 12 Noon)
As you may know, the Court of Appeal has handed down judgement today in relation to the various Mazur cases. The news is positive for the whole legal sector, and we want to share it with you as one of our learners.
The case has been significant in the conduct of litigation and the role of authorised and unauthorised legal professionals. What’s been close to all our hearts of course is the fact that unauthorised most certainly does not mean unqualified. It’s been a complex and worrying time. The decision provides welcome clarity for the legal sector and has been described by CILEX as one of the most important legal services judgments in recent years.
The key point from the judgment is that ‘provided the authorised individual puts in place appropriate arrangements for supervision of and delegation to unauthorised persons, those persons may perform tasks that amount to the conduct of litigation.’ The court have said that proper supervision and control is a matter for the regulators, but that regular meetings and sampling of work are enough in their view.
In the judgment, Lord Justice Birss confirmed at paragraph 187:
“An unauthorised person may lawfully perform any tasks which are within the scope of the conduct of litigation, for and on behalf of an authorised individual such as a solicitor or appropriately authorised CILEX member, provided the authorised individual retains responsibility for the tasks delegated to the unauthorised person (both formal responsibility and the responsibilities identified at section 1(3) of the 2007 Act). In that situation, the authorised individual is the person carrying on the conduct of litigation.”
This is a helpful and reassuring clarification for law firms and legal employers, as it confirms that supervised delegation of litigation work can continue and that trainees, apprentices and CILEX learners can continue to develop their practical skills and experience within legal teams under appropriate supervision.
CILEX has welcomed the judgment, highlighting that it supports access to justice, encourages a diverse and competitive legal sector, and provides greater clarity for professionals and employers across the industry.
Further guidance is expected from regulators, and we will share any updates that may affect training or supervision requirements. Until then, please feel free to contact us if you would like to discuss what this means for your training or studies.
If you would like to read more on the outcome of the Appeal, you can find the full judgement here: Microsoft Word – Mazur.APPROVEDJUDGMENTS.1
As always, we are very much here to support you with any questions on this matter, and it remains business as usual when it comes to supporting your academic learning and progress.
On that note, we would like to remind you that tomorrow (2nd April, 12 noon) is the final deadline for registering for the CILEX June exam session. It is also the final day to submit any exam results queries you may have from the January exam session.
Kindest regards,
The Brightlink team
