In Carter-Ruck Solicitors and another v Solicitors Regulation Authority Limited [2026] EWHC 2416 (KB), Mr Justice Butcher held that section 44B of the Solicitors Act 1974 does not override a client’s legal professional privilege in the absence of waiver. The case arose from production notices issued during an SRA investigation and concerned the scope of the regulator’s statutory information-gathering power rather than the merits of the underlying allegations.
The SRA says access to all relevant evidence is vital when investigating potential wrongdoing and that losing access to information protected by legal professional privilege may compromise its ability to get to the truth of some matters. It also says such material can provide evidence that solicitors or firms have not committed misconduct.
The SRA is seeking permission to appeal and is taking steps to manage the operational implications for ongoing cases. In commentary published after the judgment, Professor Richard Moorhead argues that the ruling creates a serious regulatory problem where relevant evidence is privileged and the client does not waive privilege. He calls for a proper statutory framework addressing the powers of legal regulators and the responsible exercise of those powers.