High Court rules SRA cannot demand privileged legal documents

The High Court has ruled that the Solicitors Regulation Authority (SRA) lacks the power to demand documents protected by legal professional privilege (LPP) under section 44B of the Solicitors Act 1974, unless a client waives that privilege.

In the case of Carter-Ruck Solicitors & another v Solicitors Regulation Authority, Mr Justice Butcher determined that the statutory powers of the regulator do not override the principle of LPP. The ruling stems from an SRA investigation into the law firm Carter-Ruck regarding its conduct for businessman Mohamed Amersi. When Amersi declined to waive privilege on certain client files, the firm sought a legal declaration regarding the SRA’s authority.

Legal experts have noted that while the ruling limits the SRA’s investigative reach, it may assist solicitors in defending themselves. Privileged material is often used to demonstrate that a solicitor’s conduct was appropriate. The SRA has expressed disagreement with the decision and stated it is taking steps to manage the operational implications while preparing to appeal.