The recent guidance on Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) from the Law Society states, in relation to those authorised to conduct litigation:
“Both the firm and the individual carrying on the activity must be authorised”
This is clearly not intended to refer only to solicitors’ firms as the same section also includes the following lawyers as also being entitled to conduct litigation:
- costs lawyers (in relation to legal costs)
- barristers (but only where they have the relevant practising rights)
- patent/trademark attorneys (but only where they have the relevant practising rights)
I have seen similar summaries of the Legal Services Act 2007 elsewhere.
So far as Costs Lawyers are concerned, this is wrong. The Costs Lawyers Standards Board does not authorise firms. As noted in the CLSB’s Guidance Note on Reserved Legal Activity Rights:
“The CLSB does not authorise or regulate entities, only individuals. Certain other approved regulators, such as the Solicitors Regulation Authority, authorise and regulate entities.”
Individual Costs Lawyers do not need to work for an authorised/regulated firm to exercise their right to conduct costs litigation.
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