header-logo header-logo

09 October 2026
Issue: 8180 / Categories: Legal News , Privilege , Regulatory , Disclosure
printer mail-detail

NLJ this week: Privilege holds firm

261037
© Shutterstock
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
printer mail-details

MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Sanctions can derail commercial disputes long before judgment, making early planning essential
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Landlords face fresh registration duties as procedural reforms reshape the civil courts
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
back-to-top-scroll