FOR IMMEDIATE RELEASE
The High Court rules against the Solicitors Regulation Authority (SRA) following a major challenge by Carter-Ruck and Mohamed Amersi to the regulator’s investigative powers.
Spotlight on Corruption responds to the High Court’s ruling that the SRA does not have power to compel the disclosure of legally privileged material during its investigations into alleged professional misconduct by lawyers. The judge found that the legislation relied on by the SRA was not “compellingly clear” that privilege could be overridden by the SRA, and noted it was ultimately for Parliament to decide whether it would be desirable for the legal regulator to have the power it has until now assumed.
This comes after London libel firm, Carter-Ruck, and their former client, businessman Mohamed Amersi, challenged the SRA, arguing that the legal regulator could not view legally privileged material without a waiver from the client who holds the privilege.
Spotlight has previously covered the challenge, outlining why these powers were crucial for the effective regulation of the legal sector. Spotlight has called for Parliament to legislate and expressly provide the SRA with this power, as well as the Financial Conduct Authority which will be taking over supervision of the legal profession’s compliance with anti-money laundering rules.
Dr Helen Taylor, Deputy Director of Spotlight on Corruption said:
“This ruling is a major blow for the SRA – and for the public interest – in holding lawyers to account, and leaves the legal regulator little more than a paper tiger. The SRA simply cannot do its job if the inner workings of a law firm are a black box. After decades of complacency about a power assumed to exist, this judgment should be a real wake-up call for Parliament to urgently put these powers beyond challenge.”
Notes to editors:
- The Solicitor Regulation Authority has compelled and viewed privileged information as part of their investigations into professional misconduct over the course of many years.
- In October 2025, Carter-Ruck and Mohamed Amersi filed a Part 8 claim against the Solicitor Regulation Authority, challenging whether s.44B of the Solicitors Act 1974 compels the production of legally privileged information from lawyers and firms subject to regulatory investigation.
- The High Court heard the parties’ arguments in July 2026.
- Mr Justice Butcher’s judgment has been handed down today in favour of Carter Ruck and Mohamed Amersi.
