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England & Wales

Regulatory Scope for Non-Qualified Legal Practitioners

A comprehensive reference guide to what McKenzie Friends, paralegals, legal support workers, and non-admitted practitioners can and cannot do across 12 practice areas in England and Wales. Grounded in the Legal Services Act 2007 and the landmark Mazur v Charles Russell Speechlys [2025] EWHC ruling.

This guidance is provided for information only and does not constitute legal advice. The law in this area is subject to change. Consult a qualified solicitor if you are uncertain whether a specific activity is permissible in your circumstances.

Family Law — Divorce (Acrimonious)

Family Court support work is broadly permissible for non-qualified practitioners. McKenzie Friend assistance is available but subject to judicial discretion. Conducting litigation remains a reserved activity (Legal Services Act 2007, s.12).

Permitted Activities

  • ✓Drafting correspondence with the other party or their solicitors
  • ✓Preparing chronologies, asset schedules, and Form E financial disclosure documents
  • ✓Organising and paginating court bundles
  • ✓Attending hearings as a McKenzie Friend — sitting beside the litigant, taking notes, and quietly offering advice
  • ✓Drafting position statements and skeleton arguments for the litigant to sign
  • ✓Assisting with completion of court forms (e.g. Form A, Form D8)
  • ✓Advising informally on procedure and next steps

Not Permitted / Reserved Activities

  • ✗Issuing or filing proceedings at court in your own name
  • ✗Signing court documents on behalf of the client
  • ✗Exercising a right of audience (speaking in court) without the court's express permission
  • ✗Providing legal advice as a regulated activity for reward without authorisation
  • ✗Conducting litigation — making procedural decisions and taking formal steps — even under solicitor supervision (Mazur [2025] EWHC)

This guidance is provided for information only and does not constitute legal advice. The law in this area is subject to change. Consult a qualified solicitor if you are uncertain whether a specific activity is permissible in your circumstances.

Family Law — Complex Probate

Estate administration support is broadly permissible. Applying for a Grant of Probate on behalf of another person is a reserved legal activity under the Legal Services Act 2007, s.12(1)(c) and requires authorisation.

Permitted Activities

  • ✓Preparing asset and liability schedules for the estate
  • ✓Completing HMRC IHT400 inheritance tax forms (the executor remains the applicant)
  • ✓Drafting correspondence with beneficiaries, banks, HMRC, and third parties
  • ✓Organising and collating estate documents and title deeds
  • ✓Completing Land Registry forms under the executor's supervision
  • ✓Assisting with estate accounts and distribution calculations
  • ✓Completing Lasting Power of Attorney forms (though registration with the OPG is reserved)

Not Permitted / Reserved Activities

  • ✗Applying for a Grant of Probate or Letters of Administration on behalf of another person (reserved activity)
  • ✗Signing the oath or statement of truth in probate applications on behalf of the executor
  • ✗Providing legal advice on the validity or construction of a will for reward without authorisation
  • ✗Registering an LPA with the Office of the Public Guardian on behalf of a client (reserved)

This guidance is provided for information only and does not constitute legal advice. The law in this area is subject to change. Consult a qualified solicitor if you are uncertain whether a specific activity is permissible in your circumstances.

Commercial Litigation

IMPORTANT — Mazur v Charles Russell Speechlys [2025] EWHC: The High Court confirmed that conducting litigation is a reserved activity. Non-qualified persons cannot conduct litigation steps even under solicitor supervision. Rates here reflect pre-litigation and advisory support work only.

Permitted Activities

  • ✓Legal research and case law analysis
  • ✓Drafting pre-action protocol letters and correspondence
  • ✓Preparing schedules of loss and quantum documents
  • ✓Collating and reviewing disclosure documents
  • ✓Drafting witness statements for the authorised person to review and sign off
  • ✓Negotiation support and without-prejudice correspondence preparation
  • ✓Assisting with mediation preparation and settlement documentation
  • ✓Purely clerical or mechanical filing of documents where the authorised person has made all decisions

Not Permitted / Reserved Activities

  • ✗Issuing a claim form or commencing proceedings at court
  • ✗Filing documents at court in your own name or on behalf of a client
  • ✗Drafting a reply and defence to counterclaim (Baxter v Doble — amounts to conducting litigation)
  • ✗Instructing an advocate independently (Baxter v Doble)
  • ✗Making any procedural or strategic litigation decision
  • ✗Signing statements of truth on court documents
  • ✗Any step that amounts to 'prosecuting or defending proceedings' under LSA 2007, Sch.2

This guidance is provided for information only and does not constitute legal advice. The law in this area is subject to change. Consult a qualified solicitor if you are uncertain whether a specific activity is permissible in your circumstances.

Family & Commercial (Combined)

This combined category reflects practitioners who support across both family and commercial matters. Family Court McKenzie Friend assistance is available; commercial work is restricted to pre-litigation support following Mazur [2025] EWHC.

Permitted Activities

  • ✓Family: all McKenzie Friend support activities (see Family Law — Divorce for full list)
  • ✓Family: court bundle preparation, chronologies, correspondence drafting
  • ✓Commercial: pre-action protocol correspondence and legal research
  • ✓Commercial: schedules of loss, disclosure review, witness statement drafting
  • ✓Commercial: negotiation support and settlement documentation
  • ✓Both: advising informally on procedure and next steps

Not Permitted / Reserved Activities

  • ✗Commercial: issuing or filing proceedings at court (reserved — Mazur [2025])
  • ✗Commercial: any step amounting to conducting litigation, even under supervision
  • ✗Family: exercising a right of audience without the court's express permission
  • ✗Both: signing court documents or statements of truth on behalf of a client

This guidance is provided for information only and does not constitute legal advice. The law in this area is subject to change. Consult a qualified solicitor if you are uncertain whether a specific activity is permissible in your circumstances.

Private Client / Wills & Estates

Drafting a will for another person for reward is a reserved legal activity (Legal Services Act 2007, s.12). Non-qualified professionals may assist with estate administration and preparatory work but must ensure the client obtains independent legal advice on the will itself.

Permitted Activities

  • ✓Gathering information for will instructions (asset lists, family details, wishes)
  • ✓Preparing asset and liability schedules for estate planning purposes
  • ✓Completing LPA forms (Property & Financial Affairs; Health & Welfare) for the donor to sign
  • ✓Estate administration correspondence with banks, HMRC, and beneficiaries
  • ✓Preparing HMRC IHT400 and supplementary schedules (executor remains applicant)
  • ✓Advising informally on estate planning options (not as a regulated activity)
  • ✓Organising and reviewing existing estate documents

Not Permitted / Reserved Activities

  • ✗Drafting a will on behalf of another person for reward (reserved legal activity, LSA 2007 s.12)
  • ✗Applying for a Grant of Probate or Letters of Administration on behalf of another (reserved)
  • ✗Registering an LPA with the Office of the Public Guardian on behalf of a client (reserved)
  • ✗Providing legal advice on the validity or effect of a will as a regulated activity

This guidance is provided for information only and does not constitute legal advice. The law in this area is subject to change. Consult a qualified solicitor if you are uncertain whether a specific activity is permissible in your circumstances.

Employment Tribunal Support

Employment Tribunals have legacy rights pre-dating the Legal Services Act 2007 and are listed under the Tribunals, Courts and Enforcement Act 2007. Non-qualified representatives may conduct full advocacy. The Mazur ruling does not restrict Employment Tribunal work.

Permitted Activities

  • ✓Drafting ET1 (claimant) and ET3 (respondent) claim and response forms
  • ✓Conducting full advocacy at Employment Tribunal hearings, including cross-examination
  • ✓Preparing witness statements and bundles of documents
  • ✓Drafting schedule of loss (compensation calculations)
  • ✓Representing clients at Preliminary Hearings and Case Management Orders
  • ✓Conducting ACAS Early Conciliation on behalf of a client
  • ✓Drafting settlement agreements (COT3) — though the claimant should obtain independent advice on a compromise agreement
  • ✓Advising on Employment Rights Act 2025 compliance and unfair dismissal prospects

Not Permitted / Reserved Activities

  • ✗Providing regulated legal advice as a solicitor or barrister without authorisation
  • ✗Signing a compromise agreement as the independent adviser (requires a qualified lawyer, trade union official, or authorised adviser)
  • ✗Conducting Employment Appeal Tribunal proceedings without authorisation (EAT is a court of record)

This guidance is provided for information only and does not constitute legal advice. The law in this area is subject to change. Consult a qualified solicitor if you are uncertain whether a specific activity is permissible in your circumstances.

Housing & Disrepair

Pre-litigation housing support and tribunal representation are broadly permissible. Conducting litigation in the County Court (issuing proceedings, filing documents) remains a reserved activity following Mazur [2025] EWHC. Legal aid may be available for some housing matters.

Permitted Activities

  • ✓Preparing disrepair schedules and photographic evidence bundles
  • ✓Drafting pre-action protocol letters to landlords under the Pre-Action Protocol for Housing Disrepair Cases
  • ✓Assisting tenants with Section 21 (no-fault eviction) and Section 8 (fault-based) defence preparation
  • ✓Attending County Court possession hearings as a McKenzie Friend
  • ✓Representing clients at Housing Benefit appeal tribunals (First-tier Tribunal)
  • ✓Drafting correspondence with local authorities, housing associations, and letting agents
  • ✓Advising informally on housing options, deposit disputes, and licensing requirements
  • ✓Assisting with Local Authority homelessness applications (s.184 Housing Act 1996)

Not Permitted / Reserved Activities

  • ✗Issuing proceedings in the County Court on behalf of a client (reserved — Mazur [2025])
  • ✗Filing documents at court in your own name or as the client's representative
  • ✗Exercising a right of audience in the County Court without the court's permission
  • ✗Conducting litigation steps in disrepair claims — even under solicitor supervision

This guidance is provided for information only and does not constitute legal advice. The law in this area is subject to change. Consult a qualified solicitor if you are uncertain whether a specific activity is permissible in your circumstances.

Immigration Assistance

REGULATED ACTIVITY: Providing immigration advice or services for reward is a criminal offence under the Immigration and Asylum Act 1999 (s.84) unless registered with the Immigration Advice Authority (IAA, formerly OISC) or exempt. Registration level determines what work is permitted.

Permitted Activities

  • ✓IAA Level 1 (Immigration): basic entry clearance and leave to remain applications; Administrative Review applications
  • ✓IAA Level 2 (Immigration): discretionary and complex applications; lodging notices of appeal; overstayer and illegal entry representations to UKVI
  • ✓IAA Level 3 (Immigration): full substantive appeals at First-tier and Upper Tribunal; pre-action protocol letters before Judicial Review
  • ✓IAA Level 1 (Asylum): notifying UKVI of address changes; straightforward leave variation applications
  • ✓IAA Level 2 (Asylum): all asylum applications; Family Reunion; lodging appeal notices; Secretary of State bail applications
  • ✓IAA Level 3 (Asylum): full tribunal advocacy; specialist casework; instructing counsel for Judicial Review

Not Permitted / Reserved Activities

  • ✗Providing any immigration advice or services for reward without IAA registration (criminal offence, s.84 IAA 1999)
  • ✗Judicial Review litigation and advocacy (all levels — requires a solicitor or barrister)
  • ✗Level 1 advisers: lodging appeal notices, tribunal representations, detention applications
  • ✗Level 2 advisers: substantive tribunal advocacy; Immigration bail before the First-tier Tribunal
  • ✗All levels: conducting the litigation elements of Judicial Review proceedings

This guidance is provided for information only and does not constitute legal advice. The law in this area is subject to change. Consult a qualified solicitor if you are uncertain whether a specific activity is permissible in your circumstances.

Personal Injury (Pre-Litigation Support)

IMPORTANT — Following Mazur v Charles Russell Speechlys [2025] EWHC, non-qualified persons cannot conduct litigation steps in personal injury claims. Pre-litigation support remains fully permissible. Claims Management Companies require FCA authorisation.

Permitted Activities

  • ✓Collating medical records and GP reports
  • ✓Preparing schedules of loss (past and future losses, care costs, loss of earnings)
  • ✓Liaising with medical experts and organising expert reports
  • ✓Drafting pre-action protocol letters of claim under the Pre-Action Protocol for Personal Injury Claims
  • ✓Negotiation support and without-prejudice settlement correspondence preparation
  • ✓Assisting with MedCo portal instructions for soft tissue injury claims
  • ✓Supporting claimants through the Official Injury Claim portal (unrepresented claimant support)
  • ✓Advising informally on claim prospects and quantum

Not Permitted / Reserved Activities

  • ✗Issuing a claim form at court (reserved — Mazur [2025])
  • ✗Filing documents at court or taking any litigation step
  • ✗Conducting litigation even under solicitor supervision
  • ✗Operating as a Claims Management Company without FCA authorisation (Financial Services and Markets Act 2000)
  • ✗Charging a referral fee for personal injury claims (banned under LASPO 2012, s.56)

This guidance is provided for information only and does not constitute legal advice. The law in this area is subject to change. Consult a qualified solicitor if you are uncertain whether a specific activity is permissible in your circumstances.

Mental Health Tribunal Advocacy

The First-tier Tribunal (Mental Health) permits non-legally-qualified representatives who hold accreditation from an approved body. Accredited representatives may conduct full advocacy. Legal aid is available for detained patients under the Mental Health Act 1983.

Permitted Activities

  • ✓Full advocacy at First-tier Tribunal (Mental Health) hearings, including cross-examination of responsible clinicians and approved mental health professionals
  • ✓Drafting tribunal applications and statements of grounds on behalf of detained patients
  • ✓Preparing reports and evidence bundles for tribunal hearings
  • ✓Advising patients on their rights under the Mental Health Act 1983 (ss.2, 3, 37, 41)
  • ✓Attending Mental Health Act managers' hearings as a representative
  • ✓Applying for legal aid on behalf of detained patients (legal aid is available as of right for MHT cases)
  • ✓Liaising with Responsible Clinicians, AMHPs, and ward staff

Not Permitted / Reserved Activities

  • ✗Representing clients at the Mental Health Tribunal without accreditation from an approved body (e.g. Law Society Mental Health Accreditation Scheme)
  • ✗Conducting appeals to the Upper Tribunal (Administrative Appeals Chamber) without authorisation
  • ✗Providing regulated legal advice as a solicitor without SRA authorisation

This guidance is provided for information only and does not constitute legal advice. The law in this area is subject to change. Consult a qualified solicitor if you are uncertain whether a specific activity is permissible in your circumstances.

Debt & County Court Support

McKenzie Friend assistance in County Court debt hearings and pre-litigation debt support are permissible. Providing regulated debt advice under FCA CONC rules requires FCA authorisation. Conducting litigation in the County Court remains reserved following Mazur [2025] EWHC.

Permitted Activities

  • ✓Attending County Court debt hearings as a McKenzie Friend
  • ✓Preparing N245 (application to vary a judgment or suspend a warrant) and N244 (general application) forms
  • ✓Drafting correspondence with creditors, debt collection agencies, and the court
  • ✓Advising informally on debt options (debt management plans, IVAs, bankruptcy) without providing regulated debt advice
  • ✓Assisting with completion of income and expenditure statements
  • ✓Preparing statements of means and supporting documents for court hearings
  • ✓Assisting with Breathing Space (Debt Respite Scheme) applications through a debt adviser

Not Permitted / Reserved Activities

  • ✗Issuing proceedings in the County Court on behalf of a client (reserved — Mazur [2025])
  • ✗Filing documents at court as the client's representative
  • ✗Providing regulated debt counselling or debt adjusting for reward without FCA authorisation (Financial Services and Markets Act 2000, CONC rules)
  • ✗Acting as an insolvency practitioner without authorisation (Insolvency Act 1986)
  • ✗Conducting litigation steps in debt recovery claims, even under supervision

This guidance is provided for information only and does not constitute legal advice. The law in this area is subject to change. Consult a qualified solicitor if you are uncertain whether a specific activity is permissible in your circumstances.

Residential Conveyancing Support

Conveyancing (preparing a contract for the sale or transfer of land) is a reserved legal activity under the Legal Services Act 2007, s.12. Non-qualified professionals may carry out preparatory and administrative work under the supervision of an authorised person only.

Permitted Activities

  • ✓Ordering and reviewing official copies of the title register and title plan from HM Land Registry
  • ✓Ordering and reviewing local authority, drainage, environmental, and chancel repair searches
  • ✓Drafting routine correspondence with estate agents, mortgage lenders, and the other side's solicitors
  • ✓Preparing completion statements and financial statements for the authorised person to approve
  • ✓Completing Land Registry AP1 (application to register) and TR1 (transfer of whole) forms under supervision
  • ✓Liaising with mortgage lenders on standard redemption and advance requirements
  • ✓Preparing leasehold packs and reviewing service charge and ground rent documentation

Not Permitted / Reserved Activities

  • ✗Independently conducting a conveyancing transaction (reserved legal activity, LSA 2007 s.12)
  • ✗Preparing or approving a contract for the sale or transfer of land without authorisation
  • ✗Signing documents on behalf of a client, including TR1 transfers and mortgage deeds
  • ✗Providing independent legal advice on title, planning, or contract terms without authorisation
  • ✗Undertaking conveyancing for reward without being supervised by an authorised person

This guidance is provided for information only and does not constitute legal advice. The law in this area is subject to change. Consult a qualified solicitor if you are uncertain whether a specific activity is permissible in your circumstances.