Many firms are understandably concerned about the implications of Mazur – particularly when facing arguments that profit costs should be reduced or disallowed because work was carried out by non-solicitor fee earners.
Paying parties who seek to rely on Mazur will face several hurdles. Below, we set out key points Your Legal Costs will highlight in any Replies, written submissions, or oral advocacy.
Here are some helpful points to help you regain focus:
Key points emerging from Mazur and Related Authorities
- Mazur does not provide a definition of “conducting litigation”, nor does it decide whether the fee earner in question was conducting litigation
- Ndole Assets Ltd v Designer M&E Services likewise establishes that procedural steps taken by unauthorised persons are not a nullity
- In Mazur, the Court treated the adoption of the matter by an authorised person as curing any procedural irregularity. The Court declined to strike out the claim
- The Legal Services Act, section 14(2), provides a defence in criminal proceedings for a person who “did not know, and could not reasonably have been expected to know” that an offence was being committed
In circumstances where the SRA was advising at least some firms that their methods of working were lawful, fee earners could not reasonably have been expected to know that the approach was unlawful - The High Court in Baxter establishes that the distinction between conduct and assistance is a matter of fact and degree, and must be considered carefully in each instance
- There is no binding authority specifying that costs consequences are the appropriate sanction for unauthorised conduct of litigation
- Where actions were taken in line with SRA guidance, Your Legal Costs will argue this cannot be viewed as misconduct
- Mazur is a novel decision which has caused significant turmoil and led to the revision of working methods across many firms
How Your Legal Costs can support you
Your Legal Costs is ready to provide case-specific advice and to approach the task of costs recovery in the face of Mazur with vigour and confidence.
As always, we will work with you to highlight the control and direction exerted by authorised fee earners, even in matters where unauthorised fee earners provided significant assistance.
Contact Us
Let Your Legal Costs put your mind at ease and give you confidence in your files.
For further advice please email:
Instructions@YourLegalCosts.co.uk