CILEX seeks permission to appeal Mazur amid uncertainty for legal executives
The Chartered Institute of Legal Executives has taken the first step toward appealing the Mazur judgment, seeking permission to challenge a ruling that has caused widespread disruption for legal executives across England and Wales. Since the decision was handed down in September, questions have persisted about whether the legal position could be reversed, even as many accept that legislative change is not imminent.
The judgment created uncertainty about who can lawfully conduct litigation, leaving many CILEX members facing the prospect of being sidelined or even removed from roles they have held for years. With no clear legislative solution, an appeal emerged as the only potential quick route to addressing the consequences of the ruling.
CILEX, which was not a party to the original dispute, has now applied to the court to exercise its discretion to hear an appeal from an organisation directly affected by the outcome. The institute intends to argue that the judgment has left courts constrained while judges reassess the authority of litigation lawyers, creating confusion and giving rise to satellite litigation. Chief executive Jennifer Coupland said that CILEX felt compelled to act and wanted the issues “fully ventilated” through an appeal process.
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The application has received strong support from CILEX members and others in the legal community. Consultant lawyer Phillip Coburn of Taylor Rose said that if Mazur were correct, many long-established authorities would effectively be invalid. He expressed hope that “common sense prevails” to restore clarity and fairness for those entering the profession through alternative routes.
However, significant obstacles remain. The appeal may be out of time, and the court is likely to scrutinise closely what purported error CILEX identifies in Mr Justice Sheldon’s ruling. Some commentators have noted that the judgment was grounded in the precise wording of the Legal Services Act and aligned with earlier authority.
The government is not expected to prioritise reform of the Act. Justice minister Sarah Sackman appeared sympathetic at a recent CILEX conference, saying she took the issue “incredibly seriously”, but she did not indicate any plan for rapid intervention.
In the absence of a legislative solution, many legal executives and paralegals have been advised to apply for higher practising rights, but some are reporting delays or silence from regulators as applications surge.
Meanwhile, professional guidance continues to be issued. A Law Society practice note update this week did not signal any softening toward Mazur. It reaffirmed that unauthorised staff may assist with certain elements of litigation but warned that solicitors should consider their duties as officers of the court if concerned that an unauthorised person has conducted litigation on a matter.
Beyond regulatory challenges, the ruling has had a personal impact on many who fear their experience and contribution are being overlooked. Senior paralegal Kimberley Emmett of Marsden Rawsthorn wrote that recent weeks have shaken confidence and diminished the status of skilled legal professionals who have dedicated their careers to supporting families and resolving conflict. She urged the profession to recognise its expertise and develop clearer pathways reflecting the realities of modern legal work.