Carter-Ruck Solicitors & Anor v Solicitors Regulation Authority

Facts

Since 8 September 2023 the Solicitors Regulation Authority has been investigating Carter-Ruck, a well-known firm of solicitors specialising in defamation, privacy and media law, and one of its partners. The investigation concerns the firm's conduct while acting for Mr Amersi in bringing or threatening data protection and defamation claims in 2021/22. The firm, the partner and Mr Amersi, who is not a target of the investigation, all deny any wrongdoing. The SRA issued three notices under section 44B of the Solicitors Act 1974, dated 10 August 2024, 25 February 2025 and 6 October 2025. They required the firm to produce documents from its client files for Mr Amersi. Mr Amersi said he was prepared to assist if he received assurances that his documents would not be shared with third parties, but no agreement was reached. On 7 October 2025 the SRA withdrew the first notice and required compliance with the other two. After the SRA declined to suspend them, the firm and Mr Amersi issued proceedings on 14 October 2025. They sought a declaration that the SRA is not entitled in law, under that section, to require the production of material subject to legal professional privilege (LPP). The claimants argued that the section did not override LPP, whether expressly or by necessary implication, and in the alternative that any override would be incompatible with article 8 of the ECHR. The SRA argued that the section overrode the client's LPP (though not the solicitor's own), that binding authority established this, and in the alternative that disclosure to a regulator did not infringe LPP. The claim was heard by Butcher J as an expedited trial.