The Legal Services Board (LSB) has today published an interim report setting out initial findings from its review of the advice and guidance that regulators have given to the profession on the conduct of litigation.
The report identifies differences in how regulators have interpreted and communicated requirements around the conduct of litigation. It is intended to support regulators to improve clarity, consistency, and collaboration across all relevant aspects of their regulatory arrangements.
The LSB’s review was launched in light of the High Court judgment in Mazur v Charles Russell Speechlys. While the judgment did not change the law, it raised questions about how the reserved legal activity of conducting litigation has been interpreted and applied in practice. In response, the LSB announced in October 2025 that it would review the regulatory advice and guidance provided to the profession in this area.
The interim report offers a summary of the LSB’s initial review of material provided by approved regulators and regulatory bodies. This material includes guidance, correspondence, and other information about how advice on the conduct of litigation has been developed and shared.
The report’s interim findings are:
- differences in the clarity and consistency of advice and guidance available to the profession across parts of the regulated sector
- variation in the extent of engagement between regulators on draft guidance, which may have contributed to differing interpretations of the law
- differences in the information held by regulators about the extent to which authorised and exempt persons within their regulated communities are conducting litigation.
The report also notes that, following the Mazur judgment, regulators have taken steps to work together to provide additional clarity on the distinction between: (a) assisting in carrying on the conduct of litigation; and (b) carrying on the conduct of litigation.
The LSB emphasises that the interim report does not make final findings of fact, determinations of compliance, or assessments of the legality of past or current regulatory approaches. Its full review will be informed by the outcome of the Court of Appeal proceedings in Mazur as well as further analysis of the material received.
The interim report, “Regulatory review of advice and guidance provided to the profession on the conduct of litigation by approved regulators and regulatory bodies”, is available on the LSB website.