Mazur – Will paying parties go gentle into that good night?
Written by Nick McDonnell, Director and Costs Lawyer.
We all know that when Dylan Thomas said “Do not go gentle into that good night…” he was talking to paying parties – probably. So, will paying parties now let the Mazur argument go? Perhaps not!
Much of the legal industry celebrated the Court of Appeal’s judgment on 31 March 2026 (if they’d have left it another day, would we have seen an April fool?). But as the cheers die down, the dust starts to settle are the comments that “it was all a storm in a tea cup” premature? Perhaps.
So, let’s recap what we learned.
“It is not unlawful for an unauthorised person to act for and on behalf of an authorised individual so as to conduct litigation under their supervision, provided the authorised individual puts in place appropriate arrangements for the supervision of and delegation to the unauthorised person.” [27]
“An unauthorised person may lawfully perform any tasks, which are within the scope of the conduct of litigation, for and on behalf of an authorised individual such as a solicitor or appropriately authorised CILEX member, provided the authorised individual retains responsibility for the tasks delegated to the unauthorised person” [187(v)]
“The delegation of tasks by the authorised individual to the unauthorised person requires proper direction, management supervision and control, the details of which are a matter for the regulators. The authorised individual must put in place appropriate arrangements. The degree of appropriate control and supervision will always depend on the circumstances.” [187(vi)]
The message seems to be, all is well – provided certain arrangements are in place and where the appropriateness of those arrangements will always depend on the circumstances.
Compliance with the Legal Services Act (LSA) as to the conduct of litigation is not unconditional…on the contrary…compliance requires that certain conditions be met.
That being the case, will we see paying parties put receiving parties to proof as to whether those conditions have indeed been met before dropping the point? As a Costs Lawyer with over 28 years in the game, history and experience tell me that, where there is the possibility of a knockout blow, paying parties tend not to go gentle into that good night.
