SRA announces approach to Mazur ruling breaches, offering leniency for self-reports but warning non-compliers
The Solicitors Regulation Authority (SRA) has outlined its approach to enforcement in relation to pre-Mazur breaches, offering a “sympathetic” response to those who self-report but warning those who have not addressed the ruling’s implications that they can expect firmer action.
The long-awaited guidance, issued today, provides clarity on the SRA’s stance regarding the implementation of the Mazur ruling, which addresses the boundaries of legal activities such as litigation. The SRA confirmed it could not draw a clear line between conducting litigation and supporting it, and emphasised key factors to consider, including who assumes ultimate responsibility for the litigation steps and who exercises daily judgment in the case’s progress.
In its statement, the regulator acknowledged the “concern and confusion” in the profession following the Mazur decision. The SRA made it clear that if firms or individuals believe they have been operating incorrectly based on the ruling, they are encouraged to self-report. The SRA stated that self-reports resulting from genuine error due to a mistaken interpretation of the law prior to its official guidance on 20 October 2025 would be treated sympathetically.
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However, the SRA also warned that for those who have been conducting reserved activities without proper authorisation and have not taken corrective actions or addressed the implications of the ruling, the regulator would take stronger enforcement measures. The SRA made it clear that it would not hesitate to use its full range of investigative and enforcement powers to address non-compliance.
This stance contrasts with that of CILEX Regulation (CRL), which has already taken a firmer position, stating that CILEX members practising in accordance with the prevailing guidance at the time of the pre-Mazur period do not need to self-report. This more lenient approach has been supported by leading regulatory barrister Greg Treverton-Jones KC, who has called on the SRA to adopt a similar position, in line with CRL’s guidance.
The ongoing issue of the Mazur ruling has prompted calls for further clarity. Iain Miller, the solicitor representing CILEX in its appeal against Mazur, noted that the Court of Appeal has expedited the case, with the hearing expected early next year. He emphasised that the court’s decision would focus on statutory interpretation and contextual arguments in determining the future application of the ruling.
As the legal community awaits further clarification, the SRA’s latest guidance signals its intention to balance leniency for those who come forward with a more rigorous approach for those who fail to rectify non-compliance. It remains to be seen how the courts will ultimately interpret the Mazur ruling and how this will impact the regulatory landscape for solicitors.