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ARTICLE · 12 NOVEMBER 2026

COLP Reports And Privilege Following The Carter-Ruck Decision

Russell-Cooke LLP
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In the High Court judgment of Carter-Ruck v SRA [2026] EWHC 2416 (KB), Mr Justice Butcher ruled that the SRA cannot require solicitors to produce material which is subject to legal professional privilege in response to section 44B production notices, unless the client has waived the privilege.

United KingdomLitigation, Mediation & Arbitration

In the High Court judgment of Carter-Ruck v SRA [2026] EWHC 2416 (KB), Mr Justice Butcher ruled that the SRA cannot require solicitors to produce material which is subject to legal professional privilege in response to section 44B production notices, unless the client has waived the privilege.

The judgment related to production notices served under section 44B of the Solicitors Act 1974. However, the principle that the SRA is not entitled to require production of documents subject to a client’s unwaived LPP applies equally to documents and information obtained under the Codes of Conduct.

That means that COLPs, COFAs and solicitors who are under an obligation to provide the SRA with self reports face some very difficult decisions if the reports relate to client matters.

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