In a significant case in the Administrative Court, Mr Justice Sheldon held that section 21(3) of the Legal Services Act (the “LSA”) 2007 does not permit a non-authorised person to conduct litigation themselves, even if employed and under the supervision of persons who are so authorised.
A person conducting litigation must themselves be authorised to do so, or fall within one of the exempt categories, under the LSA 2007.
Both the Law Society and the Solicitors Regulation Authority (the “SRA”) made representations on the appeal, speaking to the correct interpretation of the LSA 2007 in this regard.
Anticipating the impact of the judgment on the practice of solicitors’ firms, the Law Society went to great lengths in subsequent guidance to emphasise that the judgment “relates only to litigation, not to other reserved activities”.
The SRA are yet to provide their own guidance but, in a statement following the judgment, expressed that the position taken by Mr Justice Sheldon was reflected in their existing guidance on effective supervision.
Despite this seeming reassurance, uncertainty remains as to the meaning of “conducting litigation”, with the SRA recognising in their statement that the boundary between “conducting litigation” and “supporting litigation” will “depend on the facts”.
Read the full judgment here.
Read the Law Society’s guidance here.
Read the SRA’s statement here.
