UK Court Backs Lawyer in SLAPP Appeal Setback for Regulator

A senior UK lawyer has successfully overturned a misconduct ruling linked to so-called SLAPP tactics, marking another setback for the legal regulator’s efforts to pursue disciplinary action in high-profile cases. The High Court in London ruled in favour of Ashley Hurst, a partner at Osborne Clarke, who had been fined after representing former finance minister Nadhim Zahawi during scrutiny of his tax affairs in 2022. Regulators had argued that Hurst’s conduct amounted to an improper attempt to silence criticism, after he warned a former tax lawyer against publishing an email that referenced possible legal action. The appeal court found that the disciplinary tribunal failed to properly assess whether Hurst had an arguable legal basis for his position, undermining the original finding of misconduct and leading to the fine being set aside.

The ruling represents the third recent defeat for the Solicitors Regulation Authority in cases linked to allegations of strategic lawsuits against public participation. Judges said the tribunal should have considered whether the email at the centre of the case was confidential or legally protected before concluding that the warning amounted to misconduct. Hurst said he was relieved to have been cleared, while his firm welcomed the judgment as a strong endorsement of his professional conduct. The regulator said it was reviewing the decision before determining its next steps. The outcome adds pressure on the SRA’s approach to policing alleged legal intimidation, particularly as it seeks to balance free expression with lawyers’ duties to protect clients’ interests.

The decision follows a series of similar outcomes that have raised questions about the regulator’s strategy. In December, disciplinary proceedings against other senior lawyers were dismissed, including a case involving threats of contempt proceedings against a journalist and another linked to the representation of the collapsed cryptocurrency scheme OneCoin. In that matter, the tribunal found the lawyer involved was unaware of fraudulent activity at the time and criticized the regulator for relying on hindsight rather than evidence of misconduct. Legal commentators say the pattern of rulings may prompt a reassessment of how SLAPP-related cases are pursued in England and Wales. While the government has pledged to curb abusive litigation tactics, the courts have signalled that regulators must apply a high evidential threshold when seeking to sanction solicitors for robust legal correspondence.