The solicitor whose tribunal conviction over a 'without prejudice' email was overturned on appeal last month has been granted a costs order against the Solicitors Regulation Authority, court papers have revealed. In a consent order dated 5 February, Mrs Justice Collins Rice required the regulator to make an interim payment of £400,000.
Media lawyer Ashley Hurst was fined £50,000 in 2024 when the Solicitors Disciplinary Tribunal found that he had improperly attempted to stop solicitor and tax commentator Dan Neidle from publishing or discussing correspondence over the tax affairs of his client, former chancellor of the exchequer Nadhim Zahawi. The SDT also ordered Hurst to pay £260,000 costs.
The case was widely regarded as part of the SRA's campaign against so-called strategic litigation against public participation (SLAPPs), though the SDT did not describe it as that.
In the latest order, the judge notes that following her decision to set aside the SDT's decision, Hurst, a partner at international firm Osborne Clarke, is entitled to be reimbursed the £50,000 he paid as a fine - though he must apply to HM Treasury to do so.
Meanwhile the SRA must return to Hurst as soon as possible the £260,000 costs award and repay the costs of the appeal in a sum 'to be assessed on the standard basis if not agreed.' The SRA must also pay Hurst's tribunal costs on the same basis. The judge ordered an interim payment of £400,000 'as soon as possible and in any event no later than 14 days from the date of this order'.
The ruling is the second adverse costs ruling this month against the SRA over a SLAPP prosecution. The Solicitors Disciplinary Tribunal last week ordered the regulator to pay the costs of Carter-Ruck partner Claire Gill following the summary dismissal of the SRA's case.
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