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21 March 2025 / Clare Hughes-Williams , Megan Hill
Issue: 8109 / Categories: Features , Profession , Dispute resolution
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SLAPP happy?

211929
Where to draw the line between aggressive litigation tactics & misconduct? Clare Hughes-Williams & Megan Hill explore a recent tribunal decision
  • Sets out the facts of Solicitors Regulation Authority v Hurst, which considered the publication of Nadhim Zahawi’s tax affairs.
  • Highlights the need for meaningful supervision of junior lawyers as the distinction between working hard for a client and committing misconduct can be difficult to identify.

Strategic lawsuits against public participation—or SLAPPs, as they are often referred to—remain a hot topic for law firms, given the Solicitors Regulation Authority’s (SRA’s) continuing focus on addressing what it sees as the abusive litigation tactics deployed by some litigators.

In what was widely reported to be the first prosecution on this issue, the Solicitors Disciplinary Tribunal (SDT) handed down its decision in Solicitors Regulation Authority v Hurst (Case no 12612/2024) on 20 December 2024.

The case

Mr Hurst had been instructed by former minister, Nadhim Zahawi (pictured), to consider the legal position in relation to articles that had been published about his tax affairs.

Mr Hurst had been corresponding with

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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