A firm that acted for a Russian oligarch in a libel case described as ‘textbook' strategic litigation against public participation (SLAPP) will not face regulatory action, it emerged today. The Solicitors Regulation Authority revealed that it decided last March that defamation firm Discreet Law had no way of knowing that Yevgeny Prigozhin - leader of the Wagner mercenary group killed in an air crash last year - had lied in his instructions.
In 2021 Discreet successfully applied to the Office of Financial Sanctions Implementation for permission to receive funds from Prigozhin in order to sue British journalist Eliot Higgins. Discreet ceased working for Prigozhin the following year, after Russia's invasion of Ukraine, and in December 2023 announced its closure.
Higgins' solicitors, London firm McCue Jury & Partners, reported Discreet to the SRA in May 2022, stating that the libel proceedings 'seem to be a textbook example of a SLAPP'.
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However according to investigative website Democracy for Sale, the SRA decided in March last year that there was no evidence that Discreet was aware that Prigozhin was Wagner's founder and leader and that the firm had steps to verify its client's instructions.
In a statement, an SRA spokesperson confirmed that the decision had been taken. ‘We take allegations that solicitors have engaged in SLAPPs or abused the litigation process very seriously,’ the regulator said. 'We looked at all the available information and decided to close the matter with no further action. If further information is made available, we can look again at the issues.
‘Our investigation took some time due to the complexity of this matter and the need to make sure we thoroughly investigated all the issues raised.’
The regulator is understood to have 44 open investigations into alleged SLAPPs. Its second prosecution for 'behaviours relevant to SLAPPs' is due to go before the Solicitors Disciplinary Tribunal next month.
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