On 31 March 2026, the Court of Appeal overturned the High Court’s decision in Mazur, restoring the delegation model relied on by most law firms. Non‑authorised staff can lawfully carry out litigation tasks for and on behalf of an authorised individual provided appropriate supervision arrangements are in place.

That reassurance is welcome. But it comes with a clear warning: this is not an “as you were” judgment.

Whilst the court confirmed delegation is lawful, it did not confirm that firms’ existing supervision arrangements are adequate. Whether supervision is “appropriate” will always depend on the circumstances, and the court has deliberately left the detail to the regulators. More regulatory guidance is on the way. But firms simply cannot wait for that guidance before they act.

Why this matters:

• Inadequate supervision can still give rise to criminal liability under the Legal Services Act
• Regulatory exposure sits squarely with managers and COLPs
• Costs recovery may be challenged where delegation was poorly supervised
• Weak supervision creates reputational and PII risk, particularly where clients question who is really doing the work

The message from the Court of Appeal is clear: supervision must be real, proportionate, and evidenced - not nominal, inconsistent, or undocumented.

For an in-depth review of the judgment and what it means for your firm, please read our full article.