Unqualified staff can’t “conduct litigation”. The High Court has drawn a hard line: paralegals may assist, but only a qualified, authorised person can conduct litigation. A county court costs order of £10,653 was overturned—no order as to costs on appeal. Legal Futures
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• The court held that unqualified employees cannot conduct litigation, even under a solicitor’s supervision. They can support—but the conduct must clearly sit with a qualified person. Legal Futures+1
• The judge accepted the Law Society and SRA’s position that this is a question of fact and degree—who takes decisions, approves pleadings, and assumes responsibility. Legal Futures
• The earlier order making the defendants pay £10,653 when the stay was lifted was set aside on appeal and replaced with no order as to costs. Strike-out for abuse was refused. Legal Futures
• Neutral citation reported via BAILII: [2025] EWHC 2341 (KB) (Mazur & Stuart v Charles Russell Speechlys LLP). Morr & Co LLP
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The judgment arms paying parties with fresh Points of Dispute about entitlement and recoverability if case conduct appears to have been in unqualified hands. Expect scrutiny of:
• Signatures/approvals on claim forms, PoC, and applications.
• Time entries suggesting strategic decisions by unqualified staff.
• Delay and stay-related time—reasonableness/proportionality challenges if entitlement is queried. Legal Futures
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We draft to the judgment. Our workflows and narrative style reflect the “fact and degree” test, evidencing solicitor control where it existed and isolating vulnerable items where it didn’t.
• Pre-bill audit (free with the first file): We scan the file for risk (sign-offs, role clarity, delegation vs conduct).
• Bill drafting that anticipates PoDs: We document qualified oversight in the narrative, and ring-fence admin/mechanical tasks.
• Strategic Replies: We neutralise entitlement points with evidence (e.g., supervisor approval, responsibility trails) and concede low-yield items tactically to protect the overall figure.
• Detailed Assessment-ready: Clear chronology, work type taxonomy, and proportionality signposting.
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• Signature discipline: Claim forms, PoC, and formal steps signed/approved by a qualified person.
• Time entry wording: “Drafted by [Paralegal]; approved by [Solicitor]; [Solicitor] responsible for litigation conduct.”
• Role separation: Paralegals do mechanical tasks (bundles, searches, service)—not “conduct”.
• Pre-issue entitlement check: Confirm the named conducting fee-earner’s status (PC in force).
• Stay prevention: Ten-minute partner review before issuing saves months of satellite costs.
• Vendor oversight: If a debt-recovery partner is used, ensure a solicitor truly conducts the case. Legal Futures
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• Free first bill to settlement (trial).
• £500* all-in per file thereafter (drafting + negotiations + settlement paperwork).
• Housing Disrepair & MOD NIHL specialists. Every penny recovered.
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Can an unqualified person conduct litigation if closely supervised?
No. They may assist, but conduct remains reserved; supervision doesn’t convert an unqualified person into someone entitled to conduct litigation.
Does a firm’s authorisation cover its employees automatically?
No. Authorisation is personal. Employer authorisation does not entitle an unqualified employee to conduct litigation. Legal Futures
What happened to the £10,653 costs order?
It was set aside on appeal; the High Court substituted no order as to costs. Legal Futures
Is the claim dead?
No. Strike-out for abuse was refused; the defect had been rectified and the claim proceeds. Legal Futures
What’s the practical test the court endorsed?
It’s fact and degree—who drafts/approves formal documents, who makes key decisions, and who assumes responsibility for formal steps and the strategic direction. Legal Futures
How does DMD make this judgment work for us?
We structure bills and Replies to evidence solicitor control, minimise exposure, and focus negotiation on the big ticket.
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