International firm Osborne Clarke is one of the two firms referred to the Solicitors Disciplinary Tribunal over allegations of so-called SLAPP litigation, it has emerged. The firm has denied any wrongdoing and said it will contest the allegation.
Solicitors Regulation Authority chief Paul Philip revealed to the House of Lords Communications Committee last week that the regulator had ‘very recently’ decided to refer two firms to the tribunal following its investigation into strategic litigation against public participation. He declined to name the firms. However over the weekend it emerged that Osborne Clarke was one of the two. It is understood to be the subject of a complaint over action it took on behalf of former chancellor Nadhim Zahawi over an investigation into his tax affairs by Dan Neidle, a former Clifford Chance partner.
In a statement, an Osborne Clarke spokesperson said: 'We are disappointed with the SRA’s decision to refer this matter to the tribunal, and we disagree with the basis and reasoning for the referral. We have carefully considered and investigated the matter with external advisers and are confident that the partner acted within the established law and practice in this area, a view supported by an independent leading media law KC.
'We consider that the partner concerned behaved fairly and appropriately in his communications with the third party and did not seek to mislead or take unfair advantage in any way. At no time did he provide any tax planning advice. We fully support and stand behind the partner in his defence of this matter.'
The SRA said it would not identify the firms referred to the tribunal until the SDT had certified the cases and the respondents had been allowed to put forward any argument against being named. This could take up to six months.
