SRA publishes revised supervision guidance after Mazur judgment

The Court of Appeal's decision in Mazur found that unauthorised staff may conduct litigation under proper supervision.

The judgment reversed the High Court's previous finding, which said that an employee of an authorised firm cannot conduct litigation simply by virtue of their employment, even if supervised by an authorised person.

The SRA's newly published guidance addresses how and when tasks are delegated, and how a solicitor can demonstrate responsibility via direction, management supervision and control. The SRA has also expanded on sections for supervisors and supervisees.

It also includes six case studies, including a scenario in which a solicitor of three years PQE is supervising a team of unauthorised people with significant experience.

Another scenario covers how supervision should be approached in firms that cover a high volume of legal work across different practice areas.

The SRA said it plans to continue to work with stakeholders to expand its pool of case studies.

The regulator said the guidance had been reviewed by a range of organisations, including the Law Society, CILEX Regulation, government departments, the Legal Aid Agency, and the Law Centres Network.

Jonathan Peddie, SRA Executive Director, Investigations, Enforcement and Litigation, said: "We know that recent developments have been concerning for many firms, so we are pleased to be able to release our updated guidance. It was important, given the previous uncertainty, that we took the time to review the position thoroughly and collaboratively with others from across the legal sector.

"The court has provided clarity and our overall position remains the same – firms should take a risk-based approach tailored to their circumstances. Each firm will be different, but hopefully our case studies will help them as they exercise their professional judgement in practice."

Adam Carey