Privilege and the regulator
The Court of Appeal has held that there is not to be implied into the scheme for the regulation of solicitors constituted by the Solicitors Act 1974 subordinate legislation and agreements made thereunder (particularly the Qualifying Insurers Agreement and solicitors' indemnity insurance based on the minimum terms) 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. The court added that If the client consents or his privilege is impliedly waived by a claim against the solicitor then there is no reason why the Law Society may not produce such documents to a qualifying insurer.Quinn Direct Insurance Ltd v Law Society of England and Wales [2010] EWCA Civ 805; [2010] All ER (D) 134
Categories: 6th edition, Chapter 7, updates