SRA fails with two high-profile SLAPPs prosecutions

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Gill: Allegation summarily dismissed

Two high-profile Solicitors Regulation Authority (SRA) prosecutions for alleged misconduct by libel lawyers failed last week.

The Solicitors Disciplinary Tribunal (SDT) first cleared Christopher Hutchings, a partner at Hamlins, over allegations he made an improper threat of contempt of court proceedings against a journalist if the journalist refused to agree to his client’s demands.

The hearing was held in private after a report in The Times published details of the case that the SDT had previously decided should not be in the public domain. The move was unsuccessfully challenged by campaign group Spotlight on Corruption and The Bureau of Investigative Journalism.

The reasons for the SDT’s decision are not yet known. In a statement, Hamlins described it as “vindicating the outstanding professional reputation [Mr Hutchings] has enjoyed throughout his long and successful career”.

Its statement went on: “Chris has had our unwavering support, and this hearing is the culmination of a two-year ordeal, during which he has been required to defend his professional reputation as a result of these claims.

“This process, alongside the anonymisation of the majority of the witnesses and key events, aside from Mr Hutchings, has placed a great deal of pressure on Chris, but he has nevertheless stood up to an unfounded claim arising from a successful libel case properly brought by him, against the complainant, on behalf of his professional client.”

Meanwhile, on Friday, the SDT upheld an application by Claire Gill, a partner at top media firm Carter-Ruck, to summarily dismiss an allegation that she made an improper threat in April 2017 against an investor in cryptocurrency OneCoin, who had tried to warn others that it was a scam.

OneCoin is estimated to have cost investors around the world at least $4bn, while Dr Ruja Ignatova, dubbed the ‘CryptoQueen’, is one of the FBI’s 10 most wanted fugitives.

Though the SDT held in September that the Carter-Ruck retainer was engaged “in furtherance of fraud” by OneCoin and Dr Ignatova, it decided last week that Ms Gill did not know this at the time – suspicion was not enough.

She was acting in good faith and on instructions, and her correspondence was “measured”. The case, the SDT said, was based on “hindsight not evidence of professional misconduct”.

Both cases were being watched closely by campaigners on strategic lawsuits against public participation, or SLAPPs.

Written reasons should be published in the coming weeks.

A year ago, the SDT fined Ashley Hurst, a partner at Osborne Clarke, £50,000 last December after finding he had shown a lack of integrity in sending an email to high-profile tax lawyer and campaigner Dan Neidle that “improperly attempted” to restrict his right to publish it or publicly discuss its contents.

Mr Hurst’s appeal was heard by the High Court at the end of last month, with judgment reserved.

Carter-Ruck is involved in another major fight with the SRA over alleged SLAPPs brought on behalf of client Mohamed Amersi. It is challenging the power the regulator claims to have to examine legally privileged material as part of investigations.