Mazur Court of Appeal Judgement
31 Mar
In a decision hailed by the legal profession as a victory for common sense, the Court of Appeal has overturned the Mazur decision in favour of CILEX.
The original judgement, by Mr Justice Sheldon in September last year, ruled that non-qualified legal executives, paralegals and trainees could not conduct litigation, a decision that threatened widespread disruption in the legal profession which would have impacted the conduct of claims in the civil courts.
Anthony Hughes, CEO and Chair of the CEO, agreed that the Court of Appeal had shown “a common sense approach to a ruling that disrupted the careers of thousands of non-qualified people in the law.”
He said: “This decision will be welcomed by all those who require legal assistance to pursue claims through the courts. It was always the case that solicitors delegated tasks to non-authorised colleagues in what was a well-regulated and widespread practice, and the Court of Appeal has confirmed that should continue, albeit ensuring proper direction from the authorised person and for that person to retain overall responsibility.”
“The impact on credit hire is secondary, but I’m sure our members will be pleased to see the back of the threatened disruption in civil justice which emanated from the original ruling.”