Civil procedure—Privilege—Law Society

Court of Appeal, Civil Division, Sir Andrew Morritt C, Rimer and Jackson LJJ, 14 July 2010.

There is no reason to imply into the statutory scheme for the regulation of solicitors any provision or term entitling or obliging the Law Society to produce to a qualifying insurer documents emanating from a firm of solicitors into which it has intervened which are subject to the privilege of a client of the firm. If the client consents, or his privilege is impliedly waived by a claim against the solicitor, then the Society can produce such documents to the qualifying insurer.

N Davidson QC (instructed by Crutes LLP) for the insurers. T Dutton QC and M Smith (instructed by Devonshires Solicitors) for the Law Society.

The Law Society formed the view that a firm (SBS) had not complied with the Solicitors’ Accounts Rules, and intervened in the practice pursuant to its powers under