Mazur v Charles Russell Speechlys – SCCO Guide gets in wrong

The new Senior Court Costs Office Guide 2025 has just been published. However, the Foreword is dated 18 August 2025 and the Guide was therefore presumably written some time before that. This is unfortunate. If it had been drafted post-Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB), a little more care might have been taken in relation to the “Representation” section.

Under the sub-heading “Solicitors and other legal representatives” it states:

“The firm on the record may be represented by a fee earner, for example, a partner, an assistant solicitor, a legal executive, a trainee solicitor or a paralegal or other clerk employed by the firm.”

This section could be clearer as it fails to distinguish between who may conduct the costs litigation and who may undertake advocacy at a detailed assessment hearing. Although unauthorised fee earners (e.g. trainee solicitors or paralegals) may be able to undertake advocacy (relying on the Schedule 3 exemption of the Legal Services Act 2007), they certainly cannot have conduct of the matter according to Mazur.

Under the sub-heading “Chartered Legal Executives” it states:

“Under the Legal Services Act 2007 Chartered Legal Executive lawyers are ‘authorised persons’ undertaking ‘reserved legal activities’, alongside solicitors and barristers. A Chartered Legal Executive lawyer specialises in a particular area of law, and will have been trained to the same standard as a solicitor in that area.”

Unfortunately, when writing the Guide, the SCCO appears not to have been aware that the majority of Chartered Legal Executives are only authorised to administer oaths. They need specific qualification and authorisation to conduct litigation. The SCCO is not alone in being confused about this.

Under the sub-heading “Costs Lawyers and Costs draftsmen” it is stated:

“The Costs Lawyers Standards Board is authorised to grant rights of audience and rights to conduct litigation to suitably qualified members. Costs Lawyers have limited rights of audience in assessment proceedings and limited rights to conduct litigation under Part III of the Solicitors’ Act 1974.”

I am not sure how the second sentence came to be written.

Costs Lawyers’ rights come from the Legal Services Act 2007. Part III of the Solicitors’ Act 1974 has nothing to do with it.

Costs Lawyers do not have “limited rights of audience in assessment proceedings”. The CLSB Code of Conduct allows Costs Lawyers, provided that the instructions deal only with matters that relate to cost, to:

“represent clients in any court or tribunal, including any criminal court or courts martial, the Supreme Court or the Privy Council where:

• • the proceedings are at first instance;
  • the proceedings include an appeal below the level of the Court of Appeal or Upper Tribunal, are on a first appeal (other than in the Court of Appeal) and the appeal itself relates to costs;
  • the proceedings do not fall within either of the categories above, but your instructions are limited to dealing with the costs of the proceedings”

Therefore, Costs Lawyers have completely unfettered rights of audience in detailed assessment hearings. They also have unfettered rights of audience for any appeal against a detailed assessment hearing at any level below the Court of Appeal.

As to having “limited rights to conduct litigation”, this is correct in that Costs Lawyers’ rights are limited to costs matters. However, given the SCCO Guide is clearly dealing with the assessment process, it is difficult to see how that is a restriction.

Given the SCCO has always been a good friend of the Association of Costs Lawyers, it is surprising they have not properly understood Costs Lawyers’ rights.

The Guide goes on:

“Independent costs draftsmen have no rights of audience as such but, by concession, are treated as if they are in the employ of the firm of solicitors or other legal representatives instructing them.”

It is unclear why it is believed there is any “concession” being made here. Detailed assessment hearings are “in chambers” and independent costs draftsmen can appear if they meet the requirements of Schedule 3 of the LSA. They would be exempt persons.