By Legal Futures Associate Miller Insurance
The Court of Appeal’s ruling in Mazur is a victory for CILEX and its members. The judgment affirms the vital contribution of CILEX professionals and other non-qualified fee earners to the justice system, acknowledging the qualifications, experience, and expertise they bring.
The ruling also brings welcome relief to firms concerned that their modus operandi risked both prejudicing their clients and potentially exposing them to significant risk of professional claims against the practice.
From ambiguity to clarity
By rejecting a rigid distinction between ‘assisting’ and ‘conducting’ litigation – the central point of ambiguity – the Court decision has, in effect, endorsed pragmatic legal team structures that emphasise supervision, accountability, and professional standards.
The uncertainty caused by the original Mazur ruling affected many CILEX members, paralegals, trainees, and other non-qualified fee earners; it is hoped that they can now progress their careers with greater clarity and confidence. However, the judgment does not entirely settle the question of what constitutes adequate supervision or the limits of delegation, and it is possible that further litigation will be required to address some of the remaining regulatory shortcomings within the Legal Services Act.
Law Society vice-president Brett Dixon commented: “Whilst the court did not accept all of the Law Society’s points, its judgment provides an outline framework for those involved in litigation to use in assessing whether supervision is adequate and lawful.” Both the Law Society and the Solicitors Regulation Authority have welcomed the clarification provided and have committed to updating their guidance to ensure greater consistency and clarity for practitioners.
Miller is here to help
Having adequate and meaningful supervision in place is not just a regulatory point, but crucial to both professional indemnity insurers and operational resilience. Miller works closely with its clients to help them understand and respond to evolving risk landscapes, ensuring that the structures and controls they have in place meet both regulatory expectations and insurers’ requirements.
By supporting our legal clients with practical risk management guidance, tailored insurance solutions, and up-to-date insights on regulatory changes and emerging risks, we help firms evidence robust supervision, and an embedded culture of accountability – key factors not only for compliance but also for presenting a strong risk profile at renewal.
Contact us for more information.
