Manchester City’s legal team faces scrutiny over ‘sham’ contracts – Joseph Hume quoted in The Times

The Solicitors Regulation Authority (SRA) is assessing whether there are any regulatory issues arising from the Premier League’s findings against Manchester City, including questions about the potential involvement of lawyers.

Joseph Hume, Senior Associate at Corker Binning, has been quoted in The Times on the questions for the regulator, including lawyers’ knowledge of and involvement in the alleged misconduct, and the potential impact of legal professional privilege on any investigation.

“Central to the SRA assessment will be the extent of any relevant lawyers’ knowledge and/or involvement in the club’s alleged misconduct and, in particular, their role in advising on or drafting the alleged sham contracts,” he notes.

The SRA may, however, encounter difficulties in obtaining key evidence in light of the recent Carter-Ruck v SRA High Court judgment, which limits its ability to compel the disclosure of documents protected by legal professional privilege. “If an investigation hinges on confidential legal advice or internal communications that the underlying client is unwilling to waive privilege over, the SRA may find itself facing an uphill struggle,” Joseph concludes.

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