SRA granted leapfrog appeal to Supreme Court in Carter-Ruck privilege case
Summary
The High Court has granted the Solicitors Regulation Authority permission to take its challenge in the Carter-Ruck privilege case directly to the Supreme Court. The underlying ruling held that the SRA cannot require production of documents protected by legal professional privilege under section 44B of the Solicitors Act 1974 without client waiver.
Why it matters
Although the case concerns legal regulation, it is relevant to surveyors because it may influence how regulators and professionals handle privileged material during investigations. It also highlights the boundaries of statutory information-gathering powers and client confidentiality, which can affect professional practice more broadly.
Key points
- The SRA has been granted a leapfrog appeal to the Supreme Court.
- The High Court previously ruled that section 44B does not override legal professional privilege without waiver.
- The dispute arose from an SRA investigation into Carter-Ruck’s conduct in a defamation matter.
- The SRA argues it needs access to all relevant evidence to regulate effectively.
- The case raises a wider issue about the limits of regulatory powers versus privilege.
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