Rapson: Profession wants additional clarity
The Solicitors Regulation Authority (SRA) is to publish guidance on the implications on the Mazur ruling very shortly, it has told MPs.
Chief executive Sarah Rapson stressed, however, that “the onus will still be on solicitors and firms to use their professional judgment and have processes in place that are proportionate to the context they operate in”.
Ms Rapson wrote to justice select committee chair Andy Slaughter last week to follow up on her appearance before the committee last month with Law Society chief executive Ian Jeffrey.
During the session, MPs raised questions about guidance from the Law Society and the SRA, both before and following the two Mazur judgments.
Earlier this month, Mr Jeffrey wrote to the committee to clarify that the two organisations’ guidance has “consistently been aligned”.
Ms Rapson echoed this in her letter, noting however that the Legal Services Board had identified “inconsistency across the whole sector”.
She went on: “I would like to clarify that we have not published new guidance for the profession in the immediate period following the Court of Appeal judgment, as our guidance on effective supervision still stands.
“We want to avoid a prolifieration of overlapping information and new guidance.
“However, we do recognise the feedback from the sector that it would like additional clarity on the implications of the judgment. So we are working with other organisations, including CILEx Regulation, the Law Society, and some representative bodies to update our guidance.
“We want to make sure we provide a package of support that is consistent with others in the sector, and that we have tested with lawyers and firms to make sure it is as helpful as possible.”
With the onus remaining on practitioners to be compliant, Ms Rapson said it would not be “possible or appropriate” to set out detailed guidance for all possible scenarios but the guidance would include case studies.
“We plan to publish this updated guidance by June,” she said.
Meanwhile, the Law Society has revised the post-Court of Appeal guidance it issued after the court made amendments to its ruling, as we revealed last month.
The guidance previously indicated that a firm or solicitor could commit the criminal offence of carrying on the conduct of litigation by not having adequate supervision.
But, after the Law Society questioned the ruling’s interpretation, the guidance now reads: “The clarification of the Court of Appeal judgment now makes clear that where there is a system of delegation and supervision in place, the adequacy of that delegation and supervision will be a regulatory matter for the authorised person and the firm.”
Separately, CILEx Regulation announced last week that more than 1,000 chartered legal executives (in fact, 1,094 as at 18 May) have now obtained litigation practice rights, enabling them to carry out litigation without the need for supervision.
Chair Jonathan Rees said: “We recognise the considerable distress and uncertainty the September 2025 Mazur judgment caused for many chartered legal executives and welcomed the Court of Appeal judgment and the clarity and reassurance it has brought for those affected.
“That over 1,000 chartered legal executives have now gained litigation practice rights is hugely impressive…
“This achievement required immense fortitude, under extremely stressful circumstances, often balanced alongside demanding existing work commitments.”
Separately, the SRA announced yesterday that it is to formally begin the process of recruiting a new chair, with Anna Bradley’s extended eight-year term finishing at the end of this year.
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