English legal regulators cannot demand lawyer-client communications when investigating misconduct allegations, London’s High Court ruled on Monday after a challenge by the well-known law firm Carter-Ruck and its political donor client.
Carter-Ruck and Mohamed Amersi, who has donated to the then-governing Conservatives and to Reform UK, brought the case after the Solicitors Regulation Authority opened an investigation into them in 2023 and requested client files from Carter-Ruck.
The High Court ruled that the SRA does not have the power to require lawyers to produce information that is subject to their clients’ legal professional privilege, which usually protects such communications unless the client waives it.
Carter-Ruck – which often represents prominent public figures, welcomed the ruling – as did Amersi, who said in a statement: “Legal privilege is no different to a patient’s medical records – how would any patient feel if theirs were disclosed without consent?”
Monday’s judgment is a significant blow to the SRA and could severely curtail its ability to investigate third-party allegations of misconduct against lawyers.
The SRA, which had argued that it would not otherwise be able to properly investigate lawyers’ conduct in many cases, said it would seek to appeal.
“Our ability to get to the truth of many matters may be compromised if we can no longer access information protected by legal professional privilege,” Jonathan Peddie, the SRA’s investigations lead, said in a statement.
Campaign group Spotlight on Corruption warned the decision left the SRA as “little more than a paper tiger”. “The SRA simply cannot do its job if the inner workings of a law firm are a black box,” the group’s deputy director Helen Taylor said.
The ruling is the latest defeat for the SRA, which suffered three losses in quick succession at the turn of the year in tackling allegedly improper legal threats – often known as a SLAPP, a strategic lawsuit against public participation.
One of those three defeats came when misconduct proceedings against a Carter-Ruck partner linked to her representation of fraudulent cryptocurrency business OneCoin’s founder Ruja Ignatova was thrown out in December. (Reuters)