XX v GH (Legal Services Act 2007 Exemption), Re

XX v GH (Legal Services Act 2007 Exemption), Re

Exemption to conduct litigation cannot be granted unless exceptional circumstances exist. The existence of a clear authorisation route under the Legal Services Act 2007 means the situation faced by Ms Burton-Durham and her client is not exceptional. The court lacks jurisdiction to grant exemption in cases not before it. The application for exemption is refused.

Parties
Applicant: XX; Respondent: GH
Jurisdiction
England and Wales
Judgment Date
03 March 2026
Procedural Posture
Financial Remedy Application / Ruling on Application for Exemption to Conduct Litigation
Outcome
Application for exemption refused; permission to appeal granted.
Legal Topics
Financial Remedy Proceedings, Legal Services Act 2007, Exemption to Conduct Litigation, Professional Regulation
Family Law Legal Profession Regulation Financial Remedy Proceedings Legal Services Act 2007 Exemption to Conduct Litigation Professional Regulation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

XX

Applicant

GH

Respondent

Procedural Posture

Financial Remedy Application / Ruling on Application for Exemption to Conduct Litigation

Legal Issues

  1. 1 Whether the court should grant Lisa Burton-Durham exemption to conduct litigation in these proceedings and others
  2. 2 Whether the court has jurisdiction to grant exemption in other cases not before it
  3. 3 Whether the circumstances are exceptional to warrant exemption

Ratio Decidendi

Exemption to conduct litigation cannot be granted unless exceptional circumstances exist. The existence of a clear authorisation route under the Legal Services Act 2007 means the situation faced by Ms Burton-Durham and her client is not exceptional. The court lacks jurisdiction to grant exemption in cases not before it. The application for exemption is refused.

Court Disposition

Application for exemption refused; permission to appeal granted.

Orders

  • Application for exemption to conduct litigation in these proceedings and others is refused.
  • Permission to appeal granted; time for filing Appellant’s Notice extended to 21 days after Mazur Court of Appeal decision.