The Solicitors Regulation Authority has opened more than 20 cases against firms being investigated for possible wrongdoing over so-called SLAPP litigation, it has emerged. 

Chief executive Paul Philip told this month’s board meeting that the regulator had identified a cohort of cases where it had received reports or intelligence that a firm may be involved in a 'strategic lawsuit against public participation' (SLAPP).

SLAPPs have come into sharp focus this year, with critics accusing law firms of aiding kleptocrats – including oligarchs and allies of Vladimir Putin – in intimidating journalists and shutting down reports of corruption. Even when such cases are meritless they can be prolonged so that costs escalate and defendants are forced to back down.

Philip said the SRA will shortly issue another warning notice to highlight the issues it has uncovered and how that conduct relates to its expected standard. ‘This is to put firms on notice of the behaviours that are unacceptable, and which will amount to a breach of our standards,’ he added.

The SRA has written to MPs who have named firms allegedly involved in SLAPPs in parliament, and made contact with each of the firms identified. The regulator has also been in contact with organisations such as the Foreign Policy Centre and the Coalition Against SLAPPs in Europe to request details of potential SLAPP cases.

Philip said that, following discussions with the Department of Business, Energy and Industrial Strategy (BEIS), the SRA is planning to seek statutory designation as a ‘prescribed person’ under the Public Interest Disclosure Act. He added: ‘This should encourage reporting about SLAPPs and other concerns, by giving enhanced employment law rights to whistle-blowers who disclose wrongdoing to us.’

Last month, justice minister James Cartlidge MP wrote in the Gazette that the ‘increasing and flagrant abuse’ of the law and of our courts risks eroding freedom of speech in this country.

He continued: ‘Our justice system’s reputation internationally has always been a source of great pride. SLAPPs risk tarnishing that reputation, damaging the standing of a legal system respected the world over for its fairness and efficacy.’

 

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