The SRA has released a warning on strategic lawsuits against public participation (SLAPPs) in its latest attempt to crack down on actions that might threaten free speech or the rule of law.
The warning states that behaviours likely to result in regulatory action include ’seeking to threaten or advance meritless claims, including in pre-action correspondence, and including claims where it should be clear that a defence to that type of claim will be successful based on what you know’.
The body adds: ‘The warning recognises that lawyers can have a legitimate role in encouraging journalists and others to ensure that what is published is legal and accurate,' but states that proceedings must be pursued properly.
The announcement came during the UK anti-SLAPP conference and shortly before a panel discussing legal intimidation and ethics, chaired by media law solicitor Mark Stephens, began.
The SRA warning aims to advice solicitors ‘to guard against getting involved in abusive litigation aimed at silencing legitimate critics.’
The panel discussed pre-action letters - often labelled ‘confidential’ or ‘not for publication’ - and the ‘hugely helpful’ warning by the SRA.
Stephens said: ‘Today at lunchtime, by lucky coincidence, a warning notice went out on the SRA. There is a whole section on misleading correspondence. They are essentially saying it is a gross breach to mislead recipients of correspondence.’
’Examples of abusive conduct or misuse of the legal system include bringing cases or allegations without merit, making unduly aggressive and intimidating threats, or claiming misleading outcomes such as exaggerated cost consequences or imprisonment in a civil claim.’
Speaking on the panel, Caoilfhionn Gallagher KC of Doughty Street Chambers said: ‘There is an attempt [by firms] to shut down reporting with correspondence as a matter of public interest and this is hugely helpful by the SRA.’
She added: ‘[The SRA warning has] got to make sure standards are upheld wherever the law is being weaponised, not just in libel and defamation.’
Pia Sarma, legal head of Times newspapers and a member of the panel, said: ‘The SRA stuff is very interesting. They went further than I thought they would.’
She added: ‘Anything which has features of abuse can be considered as a SLAPP, including pre-trial contact. The guidance from the SRA today will look at the number of letters [sent] and the nature of letters too. It is all beginning to come together.’
Stephens added: ‘The Bar Council is out of sync with the SRA now in a situation where the SRA have now twice put forward very clear guidance, a warning also.’
The SRA said it is investigating 29 cases where firms may be involved in SLAPPs and has also reached out to MPs who have raised similar concerns in parliament.
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