Who? Dan Tench, partner, CMS, London.
Why is he in the news? Represented solicitor Ashley Simon Hurst in successfully overturning on appeal the Solicitors Disciplinary Tribunal’s decision to fine Hurst £50,000 over the alleged misuse of a ‘without prejudice’ email header.
Thoughts on the case: ‘The case was very important not just in relation to defamation cases, but more generally in relation to how lawyers seek to resolve disputes for their clients. Ashley is a highly experienced specialist who had been wholly wrongly impugned and put through a terrible ordeal. He did nothing wrong; he simply sought confidentially to compromise a libel dispute on sensible terms. It was fundamental that we establish that this is an entirely legitimate approach. The judgment from Mrs Justice Collins Rice could not make that clearer. This has been a long journey with some very low moments. But to obtain the total vindication for Ashley is wonderful.’
The president and chief clerk of the SDT said the tribunal accepted the High Court’s findings and its internal case assurance committee has commenced a ‘structured, peer‑level examination’ of the judgment. ‘This forms part of our commitment to continuous improvement and to safeguarding the integrity of our decision-making framework.’
An SRA spokesperson said: ‘We are considering the judgment before deciding on next steps.’
Dealing with the media: ‘In some ways, the problem has been the absence of media interest. I think the issues are of constitutional importance since they touch upon access to justice and fundamental ways in which solicitors may conduct their practice. Moreover, I believe that the approach of the SDT and the SRA should be subject to proper public scrutiny. But of course the national media are not impartial bystanders in this debate. The coverage in the legal press and online, though, has been typically excellent.’
Career high: ‘Many. I helped put Jeffrey Archer in jail for his perjury, I cracked the Smithy Code, the code put into the judgment in the Da Vinci Code copyright case by Mr Justice Peter Smith, and I stopped Rupert Murdoch being hit by a custard pie [in parliament] in 2011 (although Wendi Deng usually gets the credit).’
Career low: ‘I was impliedly accused of misconduct by the judge in the first instance judgment of the leading privacy case of ZXC v Bloomberg when I was acting for the defendant. I had to self-refer to the SRA and voluntarily come off the case. I was eventually exonerated but only after two years’ delay. That was useful context for this matter.’
No comments yet