Ashley Simon Hurst

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Ashley Simon Hurst, a solicitor at Osborne Clarke LLP, was found to have, on or around 16 July 2022, sent an email to Dan Neidle (of Tax Policy Associates) that improperly attempted to restrict Mr Neidle's right to publish the email or discuss its contents, in connection with reporting on the tax affairs of then-Chancellor Nadhim Zahawi. The Tribunal found Mr Hurst applied a 'without prejudice' label not for a genuine attempt to settle a dispute but to suppress publication, asserted a duty of confidentiality that did not exist, and included an implicit threat of consequences if disclosed. This was found to mislead Mr Neidle about his rights and take unfair advantage of him. Allegation 1.1 was proved (breaches of Code paras 1.2, 1.4, 2.4 and Principles 2 and 5). Allegation 1.2 (the 19 July 2022 letter) was found not proved, as the letter expressly framed non-publication as a request Mr Neidle was free to refuse. The Tribunal made a finding of lack of integrity (breach of Principle 5) but did not make an express finding of dishonesty. A fine of £50,000 was imposed.

Duties found breached:

• Good faith and courtesy to colleagues
• Non-discriminatory acceptance and cab-rank

Mitigating factors:

• No previous disciplinary matters
• Conduct was not premeditated or planned; arose in a fast-moving, urgent situation under considerable time pressure
• Single incident of brief duration relating to a single email
• Harm/delay in publication lasted only a short period (around six days)
• Otherwise unblemished professional career; positive character evidence from Ms Phillips
• Email predated publication of the SRA's SLAPP warning notices