LLG Policy Statement: Strategic Response to the Mazur decision

The recent decision in the Mazur case has created significant uncertainty for local authorities in relation to the use of legal executives and unqualified legal staff in the delivery of litigation services. LLG recognises that this uncertainty has had a tangible impact on service delivery, workforce confidence, and long-established models of legal practice within local government. 

At a time of considerable pressure on public services, it is vital that local authorities are provided with clarity, confidence, and practical solutions. LLG is committed to providing leadership, guidance, and advocacy on behalf of our members during this challenging period. 

Our Position 

Having carefully considered the legal and policy context, LLG has taken the decision not to intervene in the Mazur appeal as an interested party. Local authorities occupy a unique and distinctive position under the Legal Services Act 2007, and it is increasingly clear that their role in the conduct of litigation cannot be fully or appropriately addressed through an appeal. 

There is broad consensus across the legal sector that, while the outcome in Mazur has had unfortunate and disruptive consequences for both the public and private sectors, the judgment itself is a credible interpretation of the law. In these circumstances, LLG considers that the most effective and responsible course of action is to pursue legislative clarification and reform, rather than look to overturn the decision through litigation. 

Our Strategic Response 

LLG will take a structured, phased approach to supporting members and securing a sustainable long-term solution. 

1. Immediate practical guidance

LLG will deliver a dedicated webinar for members, focusing on how local authorities can minimise risk in the delivery of litigation services taking into account client department activities which may fall within the scope of Mazur. This webinar will be rooted in the realities of local government law, powers and the governance framework and will address specific areas of legal specialism. Members will also receive a guidance document setting out the practice areas with citation and conclusions which they can use to base their own research and assessments on.  Notification of a date in January will soon appear on the website.  

2. Workforce and employment support

We recognise that the decision has created employee relations challenges, including concerns around professional status, career progression, and the implications of the requirement for further qualification for CILEX lawyers.  

To support members in navigating these issues, LLG will host a specialist webinar in early February with Sarah Lamont and Daniel Purcell of Bevan Brittan, providing clear, authoritative guidance on managing these challenges lawfully and sensitively. 

3. Monitoring the appeal outcome

The appeal in Mazur, currently listed for 24 February 2025, will be closely monitored. LLG will consider the outcome carefully and assess its implications for local authorities as employers and service providers. 

4. Local government–specific legal analysis

Dependent on the clarity that will flow from the appeal judgment, LLG is minded to commission detailed legal advice focused exclusively on the position of local authorities, ensuring that any analysis reflects the distinctive statutory, constitutional, and operational context in which our members operate. 

5. Member consultation and sector consensus

Armed with this analysis, LLG will consult extensively with members to identify best practice, identify workable models, and agree shared priorities for legislative reform. This engagement will inform the development of a clear and evidence-based sector position. 

6. Legislative advocacy

Based on this work, LLG will actively engage with government to seek a change in the law. Our objective is to secure a framework that enables local authorities to continue delivering litigation services efficiently and proportionately, without unnecessary increases in cost, and without undermining the diversity, accessibility, and multiple routes into the legal profession that local government has long championed. 

Our Commitment 

LLG remains steadfast in its commitment to supporting members through this period of uncertainty. We will continue to act as a strong, informed, and credible voice for local government lawyers, working collaboratively to protect service delivery, uphold professional standards and ensure that the law accurately reflects the realities of public sector practice. 

Together, we will navigate this challenge and work towards a solution that is fair, practical, and sustainable for the future of local government law. 

LLG