UK · EWHCCourt order
High Court holds SRA cannot use s.44B notices to compel client-privileged documents
Mr Justice Butcher in the High Court (King’s Bench) held on September 21, 2026 that a Solicitors Regulation Authority notice under s.44B of the Solicitors Act 1974 cannot require solicitors to produce documents subject to a client’s unwaived legal professional privilege. The Part 8 claim by Carter-Ruck and Mohamed Amersi followed three production notices in an SRA investigation of the firm’s work for Amersi; the SRA said it will seek permission to appeal.
Order (Judiciary of England and Wales) → · Legal Futures, Law Gazette, ICLG +1
Key points
- Butcher J held an s.44B Solicitors Act 1974 notice cannot compel production of a client’s unwaived privileged documents.Judiciary of England and WalesLegal FuturesLaw GazetteSolicitors Journal
- The judgment was handed down remotely at 11:30am on September 21, 2026 as [2026] EWHC 2416 (KB).Judiciary of England and Wales
- Carter-Ruck and Mohamed Amersi sought the declaration after three SRA production notices in an Amersi-file investigation.Judiciary of England and WalesLegal FuturesICLG
- The court found no express LPP override in s.44B and rejected a “no infringement” exception for legal regulators.Judiciary of England and WalesSolicitors Journal
- Whether the SRA should have that power is for Parliament; the SRA said it will seek permission to appeal.Judiciary of England and WalesLegal FuturesLaw Gazette
Sources5 articles across 5 outlets
ICLG
Judiciary of England and Wales
Law Gazette
Legal Futures
Solicitors Journal