SRA does not have power to demand privileged documents, High Court rules
Summary
The High Court has ruled that the Solicitors Regulation Authority cannot compel production of documents protected by legal professional privilege under section 44B of the Solicitors Act 1974 unless the client waives privilege. The SRA says it disagrees with the decision and will seek to appeal, while the court held that the statutory wording does not clearly override privilege.
Why it matters
Although the case concerns solicitor regulation rather than residential property directly, it reinforces the strength of legal professional privilege in regulatory investigations. Surveyors working alongside solicitors in transactions, disputes or complaints should note the limits on disclosure of privileged material and the potential impact on evidence gathering.
Key points
- High Court found no implied statutory override of legal professional privilege in s.44B
- SRA cannot require privileged client-file material without client waiver
- Court said the ruling should not prevent most regulatory investigations
- SRA says it will seek to appeal and is reviewing operational implications
- Decision may affect how regulators access evidence in some cases
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