Carter-Ruck ruling leaves SRA “toothless”, campaigners warn—Legal Futures
Partner Michael Stacey has commented on a significant High Court decision which reinforces the protection afforded to legal professional privilege and clarifies the limits of the Solicitors Regulation Authority’s (SRA) investigatory powers.
In Carter-Ruck Solicitors & Anor v Solicitors Regulation Authority Ltd [2026] EWHC 2416 (KB), the High Court ruled that the SRA cannot use its powers under section 44B of the Solicitors Act 1974 to compel solicitors to disclose documents that are protected by a client's legal professional privilege unless that privilege has been waived.
The case arose from an ongoing SRA investigation into Carter-Ruck's conduct in relation to claims brought on behalf of a client. Seeking to obtain documents as part of that investigation, the regulator argued that section 44B should extend to privileged material, particularly where complaints are made by third parties or in cases involving alleged strategic lawsuits against public participation (SLAPPs).
However, the High Court rejected the SRA's position, finding that legal professional privilege is a fundamental right that can only be overridden by clear statutory language or necessary implication. Mr Justice Butcher concluded that neither was present in section 44B.
Commenting in The Global Legal Post, Michael said:
If the SRA is reliant on client consent to obtain privileged material, it may be hamstrung in some cases, particularly where the client’s interests in resisting production align with their solicitor’s interests.
In Legal Futures, he adds:
[The decision means there is] an inconsistency between the position where the SRA intervenes into a solicitor’s/firm’s practice – in which case it is entitled to client privileged documents – and the position where it is merely investigating potential misconduct… which could make the SRA “more inclined to exercise its draconian power to intervene into a firm.
The full articles are available to view at The Global Legal Post and Legal Futures.
About Michael
Michael Stacey is a partner in the regulation and public law team, advising regulators, businesses, charities and private individuals on complex investigations, disciplinary proceedings, judicial reviews and professional liability disputes. He is particularly recognised for his expertise in legal services regulation, acting for both regulators and those subject to regulatory scrutiny.
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