In a 53-page judgment, Mr Justice Butcher has held that a production notice under s. 44B of the Solicitors Act 1974 cannot require regulated individuals (solicitors, in this instance) to produce materials which are subject to their clients’ legal professional privilege (“LPP“), if the client does not waive that privilege.
A spokesperson for the firm said: “This is clearly a landmark decision for the legal profession and its clients but at its heart is a simple but fundamental principle – namely that, in the absence of an express statutory requirement to the contrary and with very few exceptions, a client’s legal professional privilege is sacrosanct. As the judgment shows, that principle has been reinforced by numerous decisions of higher Court authority. Under the professional rules applicable to solicitors, Carter-Ruck was required to defend Mr Amersi’s privilege and we stood shoulder to shoulder with him in doing so. The firm welcomes the judge’s careful judgment, which confirms that our interpretation of the law was correct, and which justifies the approach we adopted in this investigation.”
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