Two cases of alleged strategic litigation against public participation (SLAPP) have been referred to the Solicitors Disciplinary Tribunal, the head of the Solicitors Regulation Authority revealed yesterday. 

Giving evidence before the House of Lords Communications Committee, Paul Philip, chief executive, said that of 71 reports of SLAPPs reported to the regulator over the past two years, 23 had been closed with no further action. Of the 48 which remain live, the SRA has 'very recently made two decisions to refer to the tribunal', Philip said. 'We expect two or three other cases to come to that point in the next two to three weeks.'

Asked by committee chair Baroness Stowell of Beeston (Tina Stowell) when details of the allegations would be revealed, Philip said that he expected the SDT to certify the cases, which is normally a formality, 'within the next two to three weeks'. The names of the accused firms will then be in the public domain, he said. 

Questioned on the length of time taken to make prosecution decisions, Philip said: 'These cases have their challenges, they are novel, obviously quite complex and fact- specific. They are highly contended. We have given the firms full opportunity to make representations. The first few cases will be very much test cases and we want to get [the process] right.’ 

'We are as frustrated as you about the time it is taking,' he added.  

Paul philip

Philip told peers that, of 71 investigations, 48 ‘remain live’

Philip also defended his decision to exclude firms under investigation from the SRA’s ‘thematic review’ of SLAPP activity. The review 'is not an investigation', he said. 'We do not want to prejudice the investigations taking place. It would be easy to accuse us of going on a fishing expedition or being biased.'

Philip also repeated his plea for the regulator to take on more fining powers - and also proposed a new power to carry out spot checks without waiting for complaints. 'I think we would be interested in exploring that,' he said.  

The committee’s hearing came on the eve of the Strategic Litigation Against Public Participation Bill reaching committee stage in the House of Commons. The measure, originally a private member’s bill sponsored by Labour’s Wayne David MP, has government backing. 

Earlier at the committee hearing, Sayra Tekin, director of legal at the News Media Association, criticised the bill of being ‘too narrow’ and ’extremely claimant friendly’.