An Osborne Clarke partner has been found guilty of misconduct by a Tribunal for his attempt to silence tax expert Dan Neidle on a story over Nadhim Zahawi’s affairs.
Tax expert and former Clifford Chance lawyer Neidle revealed in July 2022 that the former Chancellor of the Exchequer lawyers were threatening him with libel action.
Zahawi’s tax affairs turned into a scandal for the former MP, forcing the then-Prime Minister to order an investigation into Zahawi in early 2023.
He was dismissed from his roles – including as Tory Party chairman – after it was revealed he had breached the Ministerial Code by failing to disclose that he was being investigated by HMRC while he served as Chancellor.
It was later revealed that he paid nearly £5m to HMRC to settle his tax affairs.
Neidle was sent emails by Ashley Hurst, a partner and head of client strategy at Osborne Clarke, which he deemed to be strategic lawsuits against public participation (SLAPPs).
It was revealed in May that Neidle referred Hurst to the legal regulator, the Solicitors Regulation Authority (SRA), who referred the case to the Solicitors Disciplinary Tribunal (SDT).
The hearing kicked off on Monday with witness testimonies from Neidle, notable media barrister Hugh Tomlinson KC and Hurst, and was set to conclude on Friday.
The Tribunal has already handed down its decision, which found the allegation against Hurst for improperly attempting to restrict Neidle’s right to publish was proven.
An Osborne Clarke spokesperson stated: “We are extremely surprised and disappointed with this outcome in light of the legal position and evidence heard at the Tribunal. We will await the detailed reasons of the Tribunal before commenting further.”
Neidle has since posted on his social media accounts stating “the idea that a lawyer can send a libel threat to someone, and require them never to tell anyone about it, is both dangerous and absurd. The SDT reached the right decision.”
He continued that say “but Zahawi can’t blame his lawyers for this. Even if it was proper behaviour for a solicitor (it wasn’t) it was improper and undemocratic for a cabinet minister.”
He noted that the Tribunal will be deciding on sanctions later Friday afternoon.