Lawyer for Nadhim Zahawi attempts to launch an appeal against the decision made by the misconduct Tribunal
In early 2023, then-Prime Minister Rishi Sunak ordered an investigation into Nadhim Zahawi's tax affairs. The investigation led to Zahawi's dismissal 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.
Amidst this controversy, Ashley Hurst, a partner at Osborne Clarke and solicitor for Zahawi, found himself at the centre of a separate scandal. Hurst was found guilty of misconduct by the Solicitors Disciplinary Tribunal (SDT) for attempting to silence tax campaigner Dan Neidle.
The SDT's December 2022 ruling found that Hurst had shown a lack of integrity by sending an email to Neidle that improperly tried to prevent Neidle from publishing certain claims about Zahawi’s tax affairs. The tribunal concluded that Hurst ignored regulatory responsibilities and used the email—marked ‘without prejudice’—to implicitly threaten action against disclosure, thus undermining public trust in lawyers.
As a result, Hurst was fined £50,000 and ordered to pay £260,000 costs. However, Hurst is now appealing the SDT ruling, arguing that the email was not intended solely to restrict disclosure but part of genuine negotiations.
Dan Neidle, a tax expert and former magic circle lawyer who gained prominence due to his role in the story of the former Chancellor's tax affairs, revealed in July 2022 that Zahawi's lawyers were threatening him with libel action following the publication of his story on the tax affairs.
The outcome of Hurst's appeal is anticipated to have wider implications for media freedom and the use of legal letters to intimidate critics, sometimes referred to as SLAPPs (Strategic Lawsuits Against Public Participation). The appeal process is active and transparent, with the grounds of appeal and the Solicitors Regulation Authority's response having been published publicly by Neidle.
If Hurst wins his appeal, solicitors would have a green light to claim that libel threats cannot be published or referred to, potentially leading to a "secret SLAPP" being blessed by the courts. The appeal hearing, which concluded just as the Tribunal handed down its decision, is ongoing at the High Court (Administrative Court) stage, with no final decision reported yet.
Dan Neidle informed his followers on LinkedIn about Hurst's intention to appeal, and he expressed concern about the potential implications if Hurst were to win. Ashley Hurst, Osborne Clarke, and the Solicitors Regulation Authority have been approached for comment regarding the appeal.
In a separate development, Zahawi paid nearly £5m to settle his tax affairs. The details of the settlement are not publicly known.
[1] Tribunal ruling on Ashley Hurst [2] Dan Neidle's post on LinkedIn [3] SDT press release on Ashley Hurst [4] Article on SLAPPs and media freedom [5] Dan Neidle's post on the appeal process
[1] The Tribunal's decision in December 2022 found solicitor Ashley Hurst guilty of misconduct, fining him £50,000 and ordering him to pay £260,000 costs for attempting to silence tax campaigner Dan Neidle.[2] In a post on LinkedIn, Dan Neidle expressed concern about the potential implications if Hurst were to win his appeal.[5] The outcome of Hurst's appeal is anticipated to have wider implications for media freedom and the use of legal letters to intimidate critics, often referred to as SLAPPs.
