Writing in NLJ this week, Rawdon Crozier of KBG Chambers examines Carter-Ruck, where the High Court held that the Solicitors Act 1974 did not authorise compulsory disclosure of privileged client material. The judgment made no finding of abuse or misconduct.
The iniquity exception offers a ‘narrow, evidence-dependent route’, requiring supporting evidence and a sufficient connection between the communications and alleged wrongdoing. It cannot justify inspecting files simply to discover whether an improper purpose existed.
Crozier considers broader court procedures, targeted legal aid and expressly authorised, judicially supervised regulatory access. Any reform must balance effective protection against strategic lawsuits against public participation (SLAPPs) with candid legal advice and legitimate access to justice.
A leapfrog certificate issued on 6 October enables the SRA to seek permission to appeal to the Supreme Court, keeping those tensions alive.
