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Discussion: Mazur v Charles Russell Speechlys LLP

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Comments

  • doubledotcom
    doubledotcom Posts: 181 Forumite
    100 Posts Name Dropper Photogenic
    My limited understanding is that, per Mazur, if a defendant shows that a non-authorised person has taken a step amounting to the conduct of litigation (e.g. signing the SoT for particulars on behalf of the client), the court will usually allow the defect to be cured (e.g. re-signed by an authorised person) and the claim will continue. The practical consequence is typically costs and/or judicial criticism, rather than strike-out. So, for example, for a DCB Legal claim signed by Sarah Ensall (if she is not authorised), the court is likely to require re-verification and consider costs, but not to strike out purely on that basis.
  • A_Geordie
    A_Geordie Posts: 334 Forumite
    Third Anniversary 100 Posts Name Dropper
    edited 18 September at 6:07PM
    If it helps, I've curated a list of activities that does or does not fall within the reserved activity of conducting litigation.
    Activities not conducting litigation
    1. Signing a statement of truth: O’Connor v Bar Standards Board [2012] All ER (D) 108 but could be displaced by this decision if challenged in the future.
    2. Any activities that occurred prior to the issue or commencement of proceedings and do not involve contacting the court: Heron Bros Ltd v Central Bedfordshire Council (No 2) [2015] EWHC 1009 (TCC)
    3. Sending copies of the particulars of claim or other similar documents the same day that they are also sent to the court: Heron Bros Ltd v Central Bedfordshire Council (No 2) [2015] EWHC 1009 (TCC)
    4. Giving legal advice on the merits of the case: JK v MK [2020] EWFC 2
    5. Drafting claim forms or applications to the court: JK v MK [2020] EWFC 2

    Activities conducting litigation
    1. Sending copies of the claim form and particulars of claim to be issued: Heron Bros Ltd v Central Bedfordshire Council (No 2) [2015] EWHC 1009 (TCC)
    2. Serving the claim form on the other side or to third parties: Ndole Assets Ltd v Designer M&E Services UK Ltd [2018] EWCA Civ 2865
    3. Serving documents to the other side or third parties, filing documents with the court, giving assistance to people at court hearings and giving your address as an address for service: Ellis v Ministry of Justice [2018] EWCA Civ 2686
    Other points to note: 
    1. When assessing whether a person is conducting litigation, the court should look at the entirety of the activities undertaken by the individual to assist their client and then decide whether, taken in the round, they amount to the conduct of litigation: Baxter v Doble [2023] EWHC 486
    2. When considering conduct of litigation, you have to look at the substance over form. For examples, i an individual is merely involved in the mechanical activity of delivering a document (like a process server) , it should not be equated to serving a claim form: Ndole Assets Ltd v Designer M&E Services UK Ltd [2018] EWCA Civ 2865
    3. An unauthorised person conducting litigation does not automatically invalidate service of the claim form: Ndole Assets Ltd v Designer M&E Services UK Ltd [2018] EWCA Civ 2865
  • ChirpyChicken
    ChirpyChicken Posts: 1,929 Forumite
    1,000 Posts Name Dropper Photogenic
    edited 19 September at 9:23AM
    @Johnersh
    There are a lot of Unqualified solicitors agents so what's the impact on them
  • Le_Kirk
    Le_Kirk Posts: 24,942 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I see the term "authorised" being used; is an authorised person suddenly "qualified" just because their employer states so?
  • kryten3000
    kryten3000 Posts: 691 Forumite
    Seventh Anniversary 500 Posts Photogenic Name Dropper
    Jackson Yamba has posted this on their LinkedIn page:

    https://lnkd.in/p/eyj9Wwjf
    Always remember to abide by Space Corps Directive 39436175880932/B:
    'All nations attending the conference are only allocated one parking space.'

    Genuine Independent 247 Advice: 247advice.uk
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