High Court clarifies legal privilege protection

BCL Solicitors has successfully represented Carter-Ruck Solicitors and Mohamed Amersi in a landmark High Court case that clarifies the limits of the Solicitors Regulation Authority's (SRA) powers under section 44B of the Solicitors Act 1974. The decision, handed down in the case of Carter-Ruck Solicitors and Mohamed Amersi v the Solicitors Regulation Authority Limited, confirms that the SRA cannot compel solicitors to produce documents or information that are protected by their clients’ legal professional privilege (LPP) under section 44B.

In late 2025, BCL’s clients initiated a Part 8 Claim in the High Court, seeking declaratory relief to clarify the application of section 44B when relevant material is safeguarded by unwaived LPP. The outcome of the ruling affirms that Mr Amersi was entitled to uphold his LPP and that Carter-Ruck had a duty to defend this privilege.

The wider implications of this ruling significantly reinforce the protections afforded to clients’ unwaived LPP when solicitors are handling production notices issued under section 44B. Oliver Schneider-Sikorsky, partner at BCL Solicitors, remarked that “LPP is a fundamental right of every client. Mr Justice Butcher’s landmark judgment provides welcome clarity on the extent of the right to LPP, namely that production notices issued by the SRA under s44B cannot compel solicitors to disclose material subject to their LPP without their client’s consent.” Schneider-Sikorsky further explained that the heightened certainty provided by this decision is beneficial for all clients, aiding solicitors in accurately identifying and protecting privileged information while interacting effectively with regulatory requests.

In response to the ruling, the SRA has publicly announced its intention to seek permission to appeal, indicating that this case continues to hold significance in the ongoing discourse surrounding legal professional privilege and regulatory authority