The Solicitors Regulation Authority is looking to be given statutory designation under whistleblowing legislation ‘which might encourage reporting’ of so-called SLAPP actions, its general counsel has revealed.
Juliet Oliver also told a conference this week that the SRA is currently visiting a sample of firms and requesting files to better understand ‘themes or risks’ to be aware of.
Of the 29 cases currently being investigated, Oliver said they related to 17 firms and all related to defamation or potential defamation proceedings; 14 were as a result of a report to the SRA.
Speaking at a panel during the final day of a conference organised by the anti-SLAPP coalition of media and free speech groups, Oliver said: ‘We have raised with government our aim to be given statutory designation under the Public Interest Disclosure Act. That, we think, might encourage reporting of SLAPPs.
‘It will help employees of firms that we regulate, where they see firms doing things they should not, it would give them enhanced employment rights if they disclosed wrongdoing to us so it would aid us in whistleblowing protection legislation.’
She added: ‘What we are doing at the moment is a thematic review to explore how well the risk of abusive legislation techniques are understood and how they are identified and prevented by firms, so what is really happening under the bonnet in firms.
‘We have been visiting a sample of 25 firms which act for both claimants and defendants chiefly in reputation management in that kind of area. We are speaking with a person with overall responsibility for the area of work and reviewing a sample of files.
‘We selected a sample of files. The aim really is to help us identify any themes or risks we should be aware of. It will help us plan out further work we need to do in this area.’
Oliver said the SRA also wants to identify and raise awareness of good practice and will publish the results of its current work in the new year.
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