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Discussion: Mazur v Charles Russell Speechlys LLP

A_Geordie
A_Geordie Posts: 334 Forumite
Third Anniversary 100 Posts Name Dropper
Hot off the press, is the case of Mazur and Stewart v Charles Russell Speechlys [2025] EWHC 2341

Thought this might interest the community because I have a feeling this is going have a potentially significant impact in the way law firms do their business, not least for DCBL and similar firms operating in this sphere (possibly parking co.'s too). 

The High Court has confirmed that an unqualified staff member cannot conduct litigation if they work in a regulated law firm even if supervised by a solicitor. The full judgment below but definitely worth a read and is a short judgment.  

A key snippet: 
The person conducting litigation, even under supervision, must be authorised to do so, or fall within one of the exempt categories.




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Comments

  • Coupon-mad
    Coupon-mad Posts: 155,118 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Interesting. Makes me wonder too:

    Is JB of VCS - or even Mr Shoreman-Lawson of Elms Legal - an authorised person?
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  • h2g2
    h2g2 Posts: 248 Forumite
    Third Anniversary 100 Posts Photogenic Name Dropper
    I have some questions about the practical implications of this:

    1. Does this mean that a claim form without a person's name attached to it can be struck out? (E.g. if the claim form is signed by "Acme Parking Litigation Ltd") Does it make a difference if the company is Acme Parking Litigation Ltd (a hypothetical legal firm, regulated by the SRA) or Tickets For You Ltd (a hypothetical PPC)?

    2. Same question, but a witness statement instead?

    3. If the claim form is signed by a person, does that person have to be regulated by the SRA? What about a director of Tickets For You Ltd? What about a member of "Tickets For You Ltd Litigation Team" or something?

    4. Should we draft another preliminary matter to conditionally add to the template defence? This would highlight this appeal judgment and ask for the claim to be struck out (or amended) if these conditions aren't met? Asking for amendment might work well since I can imagine many places simply not bothering; or actual SRA members maybe being wary about putting their name to particularly poorly pleaded PoCs. 
  • Duke1999
    Duke1999 Posts: 49 Forumite
    10 Posts Photogenic First Anniversary Name Dropper
    It would be worth sending an email to DCB Legal directly and strongly consider escalating the matter to the SRA for regulatory review.

  • ChirpyChicken
    ChirpyChicken Posts: 1,929 Forumite
    1,000 Posts Name Dropper Photogenic
    Interesting. Makes me wonder too:

    Is JB of VCS - or even Mr Shoreman-Lawson of Elms Legal - an authorised person?
    Shoreman lawson is
  • Gr1pr
    Gr1pr Posts: 9,958 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    Reading the transcript,  the name Judge Simpkiss rings a bell for a different case!
  • Gr1pr
    Gr1pr Posts: 9,958 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    Thank you,  I thought that it might be that OPS case so glad to see him overruled in this new case 

    Such a shame for that poor lady you helped,  I remember adding to the fund  !
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