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09 October 2026
Issue: 8180 / Categories: Legal News , Privilege , Regulatory , Disclosure
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NLJ this week: Privilege holds firm

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Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation

Writing in NLJ this week, Rawdon Crozier of KBG Chambers examines Carter-Ruck, where the High Court held that the Solicitors Act 1974 did not authorise compulsory disclosure of privileged client material. The judgment made no finding of abuse or misconduct.

The iniquity exception offers a ‘narrow, evidence-dependent route’, requiring supporting evidence and a sufficient connection between the communications and alleged wrongdoing. It cannot justify inspecting files simply to discover whether an improper purpose existed.

Crozier considers broader court procedures, targeted legal aid and expressly authorised, judicially supervised regulatory access. Any reform must balance effective protection against strategic lawsuits against public participation (SLAPPs) with candid legal advice and legitimate access to justice.

A leapfrog certificate issued on 6 October enables the SRA to seek permission to appeal to the Supreme Court, keeping those tensions alive.

Issue: 8180 / Categories: Legal News , Privilege , Regulatory , Disclosure
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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