Lawyer for Nadhim Zahawi seeking to appeal misconduct Tribunal ruling
An Osborne Clarke partner who was found guilty of misconduct by a Tribunal for his attempt to silence tax campaigner Dan Neidle over a story over Nadhim Zahawi’s tax affairs is now seeking an appeal.
Ashley Hurst, Partner and Head of Client Strategy at Osborne Clarke, was referred to the Solicitors Regulation Authority last May by Neidle after being accused of using the strategic lawsuits against public participation (SLAPPs) strategy.
Tax expert and former magic circle lawyer Neidle shot into the spotlight with his role in the story of the former Chancellor’s tax affairs, which turned into a scandal for the former MP.
The then-Prime Minister, Rishi Sunak, ordered an investigation into Zahawi in early 2023, which resulted in Zahawi being dismissed from his roles – including as Tory Party chairman – after it was revealed that he had breached the Ministerial Code by failing to disclose that he was being investigated by HMRC while serving as Chancellor.
It was later revealed that he paid nearly £5m to HMRC to settle his tax affairs.
Neidle revealed in July 2022 that the former Chancellor’s lawyers were threatening him with libel action following publication of his story on the tax affairs.
The legal regulator referred Hurst to the Solicitors Disciplinary Tribunal, which went to a hearing in December.
Just as the hearing concluded, the Tribunal handed down its decision finding the allegation against Hurst for improperly attempting to restrict Neidle’s right to publish was proven.
Hurst was fined £50,000 and ordered to pay £260,000 costs after he was found to have misused a ‘without prejudice’ heading in an email to Neidle.
However, he is now seeking to overturn this ruling after the tax expert informed his followers on LinkedIn that Hurst is appealing to the Administrative Court.
Commenting on the move, Neidle said: “If Mr Hurst wins this appeal, then solicitors will have a green light to claim their libel threats cannot be published, or even referred to. The “secret SLAPP” will have become blessed by the courts. That would be a terrible result for everybody who cares about free speech.”
Osborne Clarke was approached for comment.