The High Court is to hold a three-day hearing over the regulator’s right to obtain solicitor-client discussions to conduct investigations. Carter-Ruck Solicitors & Amersi v Solicitors Regulation Authority will rule on a dispute between the libel firm and the SRA about the production of material concerning its client, businessman Mohamed Amersi. 

A case summary was published yesterday with the agreement of all parties.

The SRA opened an investigation into Carter-Ruck in 2023 following the High Court’s dismissal of a defamation case brought by Amersi against former MP Charlotte Leslie. The regulator issued three production notices under section 44B of the Solicitors Act 1974, requiring production of client files. Over the following 18 months, Carter-Ruck and the SRA corresponded over the regulator’s power to require production of material subject to legal professional privilege.

Mohamed Amersi: SRA wanted access to Carter-Ruck’s files

Mohamed Amersi: SRA wanted access to Carter-Ruck’s files

According to the summary, Amersi submitted that he was concerned about the use of confidential files which were subject to LPP, although he was prepared to assist, subject to assurances that documents would not be shared with third parties. The SRA gave details of its procedures to safeguard privilege, but no agreement was reached.

The SRA declined to suspend two of its production notices, and, last October, Amersi and the firm issued a claim against the regulator seeking declaratory relief if the notices were not withdrawn or suspended.

The case will be heard from 20 to 22 July. The claimants assert that LPP is a fundamental right and that the Solicitors Act does not expressly override it. They submit that the Legal Services Act 2007 did not take the opportunity to give the SRA power to override privilege.

The SRA asserts that its investigative powers allow it to require production of documents, and that it was clearly the intention of parliament to make this possible. The regulator and its predecessors have operated for decades on the basis that it has the power to compel the production of LPP material.

The regulator also states that where it accesses LPP materials, privilege and confidentiality are safeguarded and the materials are used only for an investigation and enforcement proceedings.