Ashley Simon Hurst
Allegation / charges
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Solicitor Ashley Hurst at Osborne Clarke acted for then-Chancellor Nadhim Zahawi and sent tax commentator Dan Neidle an email marked 'without prejudice' and 'confidential' that improperly attempted to restrict Neidle's right to publish or discuss it, using the WP label and an implicit threat without proper legal basis. The Tribunal found allegation 1.1 proved (breaches of Code paragraphs 1.2, 1.4, 2.4 and Principles 2 and 5), finding he misled Neidle and took unfair advantage, but found allegation 1.2 (a later open letter) not proved as it was merely a request. No express finding of dishonesty was made (the case concerned integrity). He was fined £50,000 and ordered to pay £260,000 costs (reduced from £298,390.80).
Duties found breached:
- Good faith and courtesy to colleagues
- Integrity
- No conflict between current clients
- Uphold public trust in the profession
Aggravating factors:
- Mr Hurst carefully considered the wording of the Email, focused solely on preventing publication rather than what was permissible
- He was an experienced solicitor solely responsible for his misconduct
- Took unfair advantage of his position of experience and knowledge and attempted to mislead Mr Neidle
- Conduct harmed the reputation of the profession
Mitigating factors:
- Misconduct was of brief duration in an otherwise unblemished career
- No previous disciplinary matters
- Single incident written under significant time pressure on a Saturday evening
- Positive testimonials as to professionalism and integrity
- No ongoing risk to the public or profession
- Firm adopted more cautious practices as a result
Codes & rules applied
Duties engaged
- Act only on proper, lawful instructions
- Advise on alternatives, settlement and outcome
- Avoid wasting the court's time
- Cease acting on client perjury or disobedience
- Client-care and engagement terms
- Client confidentiality
- Competence
- Complaints procedure and handling
- Comply with and respect court orders
- Comply with rules of foreign jurisdictions
- Continuity and handover of representation
- Cooperate openly with regulators
- Costs and fee transparency to client
- Diligence and timeliness
- Disclose adverse law to the court
- Disclose material information to client
- Disclose referrals, commissions and benefits
- Fair dealing with unrepresented parties
- Fair, reasonable and lawful fees
- Full disclosure on ex parte applications
- Good faith and courtesy to colleagues
- Handle inadvertently received material
- Hold a current practising certificate
- Honour professional undertakings
- Keep client informed and respond promptly
- Maintain competence and CPD
- Manage conflict arising mid-matter
- No abuse of process or coercive powers
- No acting against a former client
- No baseless or threatened misconduct report
- No conflict between current clients
- No direct dealing with represented party
- No improper benefit, loan or bequest
- No improper communication with the court
- No improper fee-sharing or partnership
- No improper questioning of witnesses
- No improper solicitation or touting
- Non-discriminatory acceptance and cab-rank
- No obstruction or victimisation of reporters
- No own-interest conflict
- No payments to witnesses on evidence
- No personal opinion or familiarity with court
- No prejudicial publicity for pending cases
- No standing bail or surety for client
- No taking unfair advantage
- No tampering with or coaching witnesses
- Not mislead the court
- Not mislead third parties or opponents
- Not misrepresent regulated status
- Pay instructed practitioners and agents
- Professional indemnity insurance
- Proper basis for allegations
- Proper termination and return of instructions
- Prosecutorial duty of disclosure
- Prosecutorial fairness and impartiality
- Protect capacity and vulnerable clients
- Protect legal professional privilege
- Report serious misconduct of others
- Safeguard documents and limit liens
- Self-report to the regulator
- Truthful, non-misleading advertising