International firm Osborne Clarke’s head of client strategy Ashley Simon Hurst will face the Solicitors Disciplinary Tribunal today over allegations about correspondence sent while acting for former chancellor of the exchequer Nadhim Zahawi. The case is first prosecution of an alleged SLAPP - strategic litigation against public participation - to be heard by the tribunal.
The Solicitors Regulation Authority accuses Hurst of improperly attempting to restrict tax commentator and former magic circle partner Dan Neidle from publishing or discussing the correspondence. The regulator argues that Hurst’s email and letter, sent in July 2022, to Neidle breached principle 2, to act in a way that upholds public trust and confidence in the profession, and principle 5, to act with integrity, as well as paragraphs 1.2, 1.4, and 2.4 of the SRA Code of Conduct for Solicitors RELs and RFLs 2018.
Hurst denies the allegations and Osborne Clarke has said it entirely supports Hurst’s defence in this matter. Ben Hubble KC, for Hurst, described the SRA’s case at a previous hearing as ‘misconceived’.
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In a statement at the time the charges were announced Osborne Clarke said it considered Hurst had ‘behaved fairly and appropriately…and did not seek to mislead or take unfair advantage in any way’.
The hearing is listed for five days before a three-person panel.
SLAPPs were defined in UK law for the first time in 2023 under amendments to the Economic Crime and Corporate Transparency Bill which give judges the ability to classify legal action as a SLAPP as well as early dismissal powers against lawsuits designed to evade scrutiny and stifle freedom of speech. The measures cover only cases connected with economic crime.
Free-standing legislation against SLAPPs almost succeeded in passing through parliament earlier this year but the measure, introduced by former Labour MP Wayne David and backed by the government, was lost in the runup to the general election.
