BCL secures High Court judgment affirming the scope of legal professional privilege

Carter-Ruck and Mohamed Amersi ruling protects sacrosanctity of LPP in successful challenge of the SRA’s powers.

BCL Solicitors has successfully represented Carter-Ruck Solicitors and Mohamed Amersi in a landmark High Court case that has clarified how legal professional privilege (LPP) limits the Solicitors Regulation Authority’s (SRA) powers under section 44B of the Solicitors Act 1974.

Handed down today in Carter-Ruck Solicitors and Mohamed Amersi v the Solicitors Regulation Authority Limited, the judgment confirms that the SRA cannot require solicitors to produce documents or information subject to their clients’ LPP under section 44B of the Solicitors Act 1974 (s44B).

In late 2025, BCL’s clients Carter-Ruck Solicitors and Mohamed Amersi issued a Part 8 Claim in the High Court seeking declaratory relief to clarify the application of s44B where relevant material is protected by unwaived LPP. 

The ruling confirms not only that Mr Amersi was entitled to maintain his LPP but also that Carter-Ruck was required to defend it.

The wider practical effect of the ruling is to strengthen the protection of clients’ unwaived LPP when solicitors respond to production notices issued under s44B.

Oliver Schneider-Sikorsky, partner at BCL Solicitors, said: “LPP is a fundamental right of every client. Mr Justice Butcher’s landmark judgment provides welcome clarity on the extent of the right to LPP, namely that production notices issued by the SRA under s44B cannot compel solicitors to disclose material subject to their LPP without their client’s consent. The greater certainty provided by the decision benefits all clients by helping solicitors safeguard privileged information while engaging constructively with regulatory requests.”

The SRA has publicly announced that it is seeking permission to appeal.

Carter-Ruck and Mohamed Amersi are represented by Oliver Schneider-Sikorsky and Christina Josephides of BCL Solicitors, instructing Justin Rushbrooke KC of 5 Raymond Buildings and Richard Howell of Brick Court.