LLG to pursue legislative change instead of intervening in Mazur appeal

Lawyers in Local Government will seek legislative change on the use of legal executives and unqualified legal staff in the delivery of litigation services instead of intervening in the appeal of the High Court’s decision in Mazur.

The membership body said that the ruling has caused "uncertainty" and "had a tangible impact on service delivery, workforce confidence, and long-established models of legal practice within local government".

"At a time of considerable pressure on public services, it is vital that local authorities are provided with clarity, confidence, and practical solutions," it added.

However, the body said it will not intervene in the appeal of the High Court's decision as an interested party, in light of the "broad consensus" that the judgment "was a credible interpretation of the law".

In Julia Mazur & Ors v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB), Mr Justice Sheldon concluded that an employee of an authorised firm cannot conduct litigation simply by virtue of their employment, even if supervised by an authorised person.

The Chartered Institute of Legal Executives (CILEX) was granted permission to appeal his ruling in November 2025. The Court of Appeal is scheduled to hear the appeal on 24 February.

Writing in a policy statement on Thursday (15 January), LLG said local authorities occupy a unique and distinctive position under the Legal Services Act 2007, and "it is increasingly clear that their role in the conduct of litigation cannot be fully or appropriately addressed through an appeal".

The body added: "There is broad consensus across the legal sector that, while the outcome in Mazur has had unfortunate and disruptive consequences for both the public and private sectors, the judgment itself is a credible interpretation of the law.

"In these circumstances, LLG considers that the most effective and responsible course of action is to pursue legislative clarification and reform, rather than look to overturn the decision through litigation."

Setting out its "strategic response" to the ruling, LLG said it plans to host a dedicated webinar for members on how local authorities can minimise risk in the delivery of litigation services, taking into account client department activities which may fall within the scope of Mazur.

It will also host a webinar on employee relations challenges caused by the ruling, including concerns around professional status, career progression, and the implications of the requirement for further qualification for CILEX lawyers.

In addition, the body plans to commission legal advice focused exclusively on the position of local authorities, following the appeal decision.

It will then consult its members before engaging with the Government to seek a change in the law, it said.

The statement added: "LLG remains steadfast in its commitment to supporting members through this period of uncertainty.

“We will continue to act as a strong, informed, and credible voice for local government lawyers, working collaboratively to protect service delivery, uphold professional standards and ensure that the law accurately reflects the realities of public sector practice.”

Adam Carey