Thank you for the update. I advised you to ask who was attending, their role and whether they had authority so you wouldn’t be left relying later on an oral claim by a non-lawyer.
Mazur v Charles Russell Speechlys LLP confirms that reserved steps in litigation must be taken by an authorised person or authorised entity; “supervision” of an unauthorised employee is not enough on its own.
Those questions were asked to force identification on the record so we could assess lawful authority there and then. That creates contemporaneous evidence (mediator note + your note) you can rely on later.
If the attendee is only “Litigation Support”, they may not personally be authorised to conduct litigation. Any substantive step they take (e.g. accepting/rejecting settlement, agreeing discontinuance, signing a document that carries legal responsibility) is open to challenge unless adopted by an authorised person.
A mediator’s statement that someone “said they had authority” is not the same as proof of authorisation. Documentary proof of status (or a signed adoption by a named authorised solicitor) is what matters.
About the N180 signed “DCB Legal Ltd”:
Filing an N180 is a step in the conduct of litigation. The form can be completed “by or on behalf of” a party/representative. A firm-name signature is often treated as the authorised entity acting. However, because the step is reserved, you are entitled to request who at the authorised firm approved and caused it to be filed. You’re not asserting automatic invalidity; you’re putting them to strict proof of authorised conduct.
What you should do now is put DCB Legal to strict proof (48-hour deadline) for:
• the attendee’s full name, role and regulatory status; and
• either (a) confirmation with evidence that the individual is personally authorised to conduct litigation, or (b) a short signed adoption by a named authorised solicitor (with SRA number) confirming they exercised professional judgment and adopted any substantive stance taken on the call.
• Identify the N180 decision-maker. Request confirmation of the named authorised person (name, role, SRA number) who approved and caused the N180 to be filed, and a short statement from them confirming that they adopted/authorised its contents at the time of filing. (If they prefer, they can file a brief corrective statement rather than re-issuing the N180.)
Until you receive the identification/adoption above, treat any settlement position from the call as provisional. Reserve all rights.
If they fail to respond, you can (a) write to the court for short directions requiring identification/ratification of the reserved steps, and (b) consider a regulatory report. Keep a time log for costs.
Send the following email to info@dcblegal.co.uk and c yourself:
Subject: Urgent — Strict proof of authority (mediation attendee & N180 signatory); Legal Services Act 2007; Mazur v Charles Russell Speechlys LLP — 48-hour deadline
To: info@dcblegal.co.uk
Cc: [court email if desired]
Dear Sirs
Re: [Claimant] v [Defendant] — Claim No. [XXXXXXXX]
Strict proof of authority: mediation attendee and N180 Directions Questionnaire
I write as the litigant in person defendant. This email puts you to strict proof on two separate issues of conduct of litigation (a reserved activity under the Legal Services Act 2007).
1. Mediation attendee — authority to conduct litigation
At the court-referred mediation on [date], your attendee was identified as Ariba Kamal — “Litigation Support”. The only substantive purpose of the call was to communicate settlement positions (my offer was £0; no agreement was reached). Making, accepting, or rejecting settlement offers within extant proceedings is a reserved litigation step.
Further to
Mazur v Charles Russell Speechlys LLP, “supervision” by an authorised solicitor does not itself authorise an unauthorised employee to conduct reserved activities. Accordingly, within 48 hours please provide:
(a) Documentary proof of individual authorisation for Ms Kamal to conduct litigation: full name as registered, regulator, authorisation category/status, and authorisation/reference number; or
(b) If no such individual authorisation exists, a signed adoption from a named authorised solicitor (full name and SRA number) confirming they personally exercised final professional judgment at the time of the mediation call and that they adopt and ratify any substantive stance communicated by Ms Kamal during that call.
For the avoidance of doubt, a mediator’s informal statement that an attendee “had authority” is not proof of authorisation to conduct a reserved activity.
2. N180 signed “DCB Legal Ltd” — identification and ratification
Lodging an N180 Directions Questionnaire is a step in the conduct of litigation. The N180 on this claim bears only “DCB Legal Ltd” as signatory. Within 48 hours please provide:
(a) The full name, role, and SRA number of the authorised person who approved and caused the N180 to be filed on behalf of the claimant; and
(b) A short signed statement from that authorised person confirming they personally authorised/adopted the contents of the N180 at the time of filing.
If any unauthorised employee handled submission, provide a signed adoption from the authorised person as above.
Scope and evidence preservation
This request concerns the mediation attendee’s authority and the N180 only. I have retained a contemporaneous note of the mediation (time/date; attendee name/role; authority confirmed by the mediator; settlement positions). Please preserve your own notes/records accordingly.
Non-compliance
If you fail to comply fully within 48 hours of this email, I will, without further notice and without prejudice to other remedies:
• Write to the Court seeking short directions requiring immediate identification/ratification of these reserved steps;
• Seek appropriate costs for the time and expense caused; and
• Consider a regulatory report to the SRA regarding potential breaches of the Legal Services Act 2007 and your regulatory obligations.
Please acknowledge receipt and provide full, substantive compliance within 48 hours.
Yours faithfully
[Your full name]
[Postal address]
[Email]
Defendant — Claim No. [XXXXXXXX]
