Russell-Cooke acts for the Law Society in significant High Court appeal

The High Court handed down its judgement on 16 September, addressing fundamental questions about who may lawfully carry out “reserved activities” in litigation.

The case turned on whether an individual without a practising certificate can conduct reserved legal work. Specifically, the Court considered the distinction between conducting litigation and assisting with day-to-day litigation tasks, and whether the position changes if the individual is supervised by an authorised employer. With large numbers of unqualified staff supporting solicitors in litigation, the Court’s decision was of significant importance to the profession.

John Gould, Chair and partner at Russell-Cooke and a solicitor advocate with higher rights of audience, prepared the Law Society’s written representations alongside partner Michael Stacey and associate Megan Knowles. His submissions argued that the SRA had adopted a position that was fundamentally wrong in law. The Court agreed, recording his submissions at length in its judgment and endorsing them in full.

In summary, the Court held that supervision by an authorised employer does not, in itself, make it lawful for an unqualified individual to conduct litigation. At the same time, it recognised that not all support work amounts to the “conduct of litigation”. The judgment provides much-needed clarity but also highlights the serious potential consequences of error, including the risk of criminal liability.