United Kingdom: Privilege

The High Court's landmark decision in Carter-Ruck v SRA has confirmed that the Solicitors Regulation Authority cannot compel law firms to disclose documents protected by legal professional privilege without client consent. This ruling reinforces the fundamental principle that privileged communications between lawyers and clients remain protected, even during regulatory investigations, though the SRA has announced its intention to appeal.

A High Court ruling has determined that the Solicitors Regulation Authority cannot compel production of legally privileged documents under section 44B of the Solicitors Act 1974, fundamentally limiting the regulator's investigative powers. The decision raises critical questions about the scope of regulatory investigations when client privilege is asserted, particularly in cases involving third-party complaints where the firm and client's interests align.

This podcast episode explores recent developments in commercial litigation, including a High Court decision on privilege and company directors, new ADR resources, and significant contract law rulings on termination damages and force majeure clauses. The discussion features insights from disputes partners and knowledge counsel on these evolving legal principles.

The English High Court has issued groundbreaking guidance on legal advice privilege, addressing whether internal communications within a corporate client group can be protected when created for the purpose of seeking legal advice.

English legal professional privilege faces new challenges as recent case law expands protection for intra-client communications while AI adoption creates novel questions about maintaining confidentiality and privilege. How do these developments reshape the landscape for corporate clients and their lawyers navigating disclosure obligations?

In the High Court’s decision in Serendipity Centre Ltd v. Tinson, [2026] EWHC 349 (Ch), the court held that privilege could not be asserted against a former director over certain documents...

In The University of Dundee v Chakraborty [2023] CISH 22, the Scottish Court of Session considered the privilege status of an early unpublished version of an internal investigation report...

Do you want to be remembered for making money or for the legacy that you have left behind? Do you want your employees to know you for your business efficiencies or for how you changed the world?

In March 2023, the FRC published the 23-26 Plan which re-prioritises work to reflect the delay in the anticipated legislation to create the Audit, Reporting and Governance Authority (ARGA).