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ARTICLE · 15 OCTOBER 2026

SRA's Section 44B Powers Finally Determined After Many Years Of Debate

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A High Court ruling has determined that the Solicitors Regulation Authority cannot compel production of legally privileged documents under section 44B of the Solicitors Act 1974, fundamentally limiting the regulator's investigative powers. The decision raises critical questions about the scope of regulatory investigations when client privilege is asserted, particularly in cases involving third-party complaints where the firm and client's interests align.

United KingdomLitigation, Mediation & Arbitration
Nick Bird
Nick Bird
Helen Kerr
Helen Kerr
Graham Reid
Graham Reid
Tom Wild
Tom Wild

The decision of Mr Justice Butcher in Carter-Ruck Solicitors and another v Solicitors Regulation Authority Limited [2026] EWHC 2416 (KB) has determined that section 44B of the Solicitors Act 1974 does not entitle the SRA to compel production of documents or information that is subject to legal professional privilege. He expressed no view on whether it would be desirable for the SRA to have those powers and said that it was ultimately a matter for Parliament. This has profound consequences for existing and (potentially) past investigations and prosecutions and raises a key issue as to the appropriate scope of the SRA's investigations. 

Facts

The case arose from an investigation by the SRA into Carter-Ruck and one of its partners concerning the firm’s conduct while acting for Mohamed Amersi in connection with bringing or threatening data protection and defamation claims in 2021 and 2022.

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