Osborne Clarke: Nadhim Zahawi’s lawyer faces disciplinary hearing over SLAPP allegations

Nadhim Zahawi’s lawyer, a partner at law firm Osborne Clarke, faces a disciplinary hearing this week over allegations he sent so-called SLAPP letters to tax expert Dan Neidle.

Neidle revealed in 2022 that Zahawi, the former Chancellor of the Exchequer, had failed to pay £3.7m in tax.

The revelations forced then-Prime Minister Rishi Sunak to order an investigation into Zahawi in early 2023. Zahawi admitted in May 2023 that he paid nearly £5m to HMRC to settle an outstanding tax bill, after previously denying it and claiming he was being “smeared” by journalists.

He was dismissed from his roles after he was found to have breached the Ministerial Code in failing to disclose that he was being investigated by HMRC while serving as Chancellor.

After Zahawi’s tax affairs were first brought to light, lawyers at Osborne Clarke accused Neidle of libel and ordered him to retract his statement and accused.

Neidle, a trained lawyer, spent nearly 25 years at magic circle law firm Clifford Chance.

He claimed the letters sent to him were Strategic Lawsuits Against Public Participation (SLAPPs), a term given to defamation cases and legal threats that are generally brought against journalists and campaigners as a form of intimidation by wealthy individuals.

He referred Osborne Clarke to the legal regulator the Solicitors Regulation Authority (SRA), and it was revealed in May that the SRA intended to refer an individual to the Solicitors Disciplinary Tribunal.

Now Ashley Hurst, a partner and head of client strategy at the firm, faces a hearing over his correspondence to Neidle that “improperly attempted to restrict” his right to publish.

Hurst has been at Osborne Clarke for over eight years having joined from Olswang – now CMS – in 2016. Prior to that, he was an associate at Hogan Lovells.

Hurst denies the allegations, his defence is that the correspondence in question was sent in accordance with established law and practice.

The hearing will start on Monday at the Solicitors Disciplinary Tribunal and is scheduled to conclude on Friday.

In a post on social media, Neidle stated that he will be giving evidence either on Monday or Tuesday, followed by a cross-examination by Hurst’s lawyers.

An Osborne Clarke spokesperson told City AM: “We consider that Hurst acted in accordance with the law, market practice and his regulatory obligations, a view supported by an independent media law KC.”

“Four leading media law KCs and a leading media law solicitor will also give evidence of market practice to support Hurst’s position,” they added.