The Solicitors Regulation Authority has been ordered to make a £400,000 interim costs payment following the successful appeal of a disciplinary conviction linked to alleged “SLAPP” conduct.
The case concerned media lawyer Ashley Hurst, whose conviction before the Solicitors Disciplinary Tribunal was overturned by the High Court last month. In 2024, the tribunal had fined Mr Hurst £50,000 and ordered him to pay £260,000 in costs after finding that he had improperly attempted to prevent solicitor and commentator Dan Neidle from publishing or discussing correspondence relating to the tax affairs of former Chancellor Nadhim Zahawi.
Although the tribunal did not formally characterise the conduct as a strategic lawsuit against public participation (SLAPP), the proceedings were widely regarded within the profession as part of the regulator’s broader focus on alleged SLAPP activity.
Following the High Court’s decision to set aside the tribunal’s findings, a consent order dated 5 February required the SRA to return the £260,000 costs award and to pay the costs of the appeal, to be assessed on the standard basis if not agreed. The regulator must also reimburse Mr Hurst’s tribunal costs on the same basis and make an interim payment of £400,000 within 14 days of the order. The original £50,000 fine is to be repaid via HM Treasury.
The ruling represents the second adverse costs decision this month involving the regulator in matters connected to alleged SLAPP enforcement. It underscores the significant financial consequences that may arise where disciplinary findings are overturned on appeal and is likely to prompt further discussion within the profession regarding the regulatory approach to contentious pre-action correspondence and reputational disputes.
