Philip Julian Paul Hyland
Allegation / charges
Code of Conduct for Solicitors, REL's & RFL's 2019, Lack of Integrity, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Philip Hyland, an employment solicitor at PJH Law, sent two sets of correspondence in December 2021 in the context of COVID-19. The first (the 'Scorer letter') threatened legal proceedings against a GP practice/practice manager seeking a vaccine exemption for travel to which the Tribunal found he knew or believed his client was not entitled; it was aggressive, excessively legalistic and intimidating to a lay party. The second was a letter to the Chair of the MHRA threatening litigation, alleging gross negligence, misfeasance in public office and corporate manslaughter without proper foundation, and demanding outlandish, disproportionate relief (including suspending all vaccinations and a televised Christmas broadcast). The Tribunal found both letters were tactical devices to provoke litigation for an ulterior purpose, contrary to pre-action protocols. All allegations were proved (save that the Scorer letter was not 'abusive'), with breaches of Principles 2 and 5 and Code paragraphs 1.2 and 2.4. The Tribunal expressly found no dishonesty, only lack of integrity. He was fined £15,000 and ordered to pay costs of £66,500.
Duties found breached:
- Integrity
- No taking unfair advantage
- Proper basis for allegations
- Uphold public trust in the profession
Aggravating factors:
- Conduct was deliberate, repeated and calculated over an intensive period
- Same methodology amounting to a 'weaponisation' of the law using the badge of solicitor to add intimidatory effect
- Letters were bullying and intimidatory in tone and content, designed to be so
- Disingenuousness and lack of transparency about the true purpose of the correspondence
- Insight not commensurate with the seriousness of the misconduct
Mitigating factors:
- Previously unblemished regulatory record over 24 years, no Ombudsman referrals or negligence claims
- Full cooperation with the SRA investigation, including handing over the MHRA letter
- No dishonesty found
- Acted on client instructions and with genuine (if misguided) belief during a national health emergency
- Low risk of recurrence
- No breach of trust; no financial gain; suffered professional, personal and financial harm
- Positive character references
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