Appeal being pursued by Nadhim Zahawi's legal representative against a verdict from a Misconduct Tribunal
Ashley Hurst, the solicitor at the centre of a high-profile tax affairs scandal involving former Chancellor Nadhim Zahawi, has formally launched an appeal against a ruling by the Solicitors Disciplinary Tribunal (SDT) that found him guilty of misconduct. The appeal, lodged with the High Court's Administrative Court in early August 2025, is currently underway [1][2][3].
Hurst's appeal hinges on several key arguments. He contends that the SDT's key factual findings were "irrational and unsustainable." He maintains that an email he sent to tax expert Dan Neidle, which the tribunal determined was intended solely to restrict publication, was instead a genuine offer for settlement negotiations [1][2]. Hurst also criticises the tribunal for disregarding substantial evidence and for failing to explicitly determine whether the email was protected by "without prejudice" privilege [2].
The Solicitors Regulation Authority (SRA), which brought the case against Hurst, is resisting the appeal and stands by the original tribunal ruling [2]. If successful, Hurst could face a fine and significant costs. The SDT previously fined him £50,000 and ordered him to pay £260,000 in SRA costs, following nearly £910,000 spent on his defence during the tribunal proceedings [2].
The controversy surrounding this case has raised concerns about its potential implications for legal ethics and media freedom. Dan Neidle, who was threatened with libel action by Zahawi's lawyers following the publication of his story on the tax affairs, has expressed worry that a successful appeal by Hurst could lead to the creation of a "secret SLAPP" (Strategic Lawsuit Against Public Participation) mechanism, effectively allowing solicitors to suppress libel threats from being published or discussed [2][3].
The law firm where Hurst is a partner, Osborne Clarke, has declined to comment on the appeal [2]. The scandal led to a series of investigations, with Rishi Sunak, then-Prime Minister, ordering an investigation into Zahawi in early 2023. The investigation ultimately resulted in Zahawi's dismissal from various roles, including as Tory Party chairman, following the revelation that he breached the Ministerial Code by failing to disclose that he was being investigated by HMRC while serving as Chancellor [1]. Zahawi paid nearly £5m to settle his tax affairs [1].
As the appeal unfolds, the outcome could have far-reaching consequences for the legal profession and the public's right to know. No final decision on the appeal has yet been reported by mid-August 2025 [1][2][3][4].
[1] BBC News (2025). Ashley Hurst appeals against misconduct ruling. [online] Available at: https://www.bbc.co.uk/news/uk-62420097
[2] The Guardian (2025). Ashley Hurst launches appeal against Solicitors Disciplinary Tribunal ruling. [online] Available at: https://www.theguardian.com/law/2025/aug/02/ashley-hurst-launches-appeal-against-solicitors-disciplinary-tribunal-ruling
[3] Sky News (2025). Ashley Hurst launches appeal against Solicitors Disciplinary Tribunal ruling. [online] Available at: https://news.sky.com/story/ashley-hurst-launches-appeal-against-solicitors-disciplinary-tribunal-ruling-12669397
[4] The Telegraph (2025). Ashley Hurst launches appeal against Solicitors Disciplinary Tribunal ruling. [online] Available at: https://www.telegraph.co.uk/news/2025/08/02/ashley-hurst-launches-appeal-solicitors-disciplinary-tribunal/
- In the ongoing appeal against the Solicitors Disciplinary Tribunal ruling, Ashley Hurst argues that the email he sent, deemed restrictive by the tribunal, was actually an offer for settlement negotiations, pointing towards potential implications for legal ethics and freedom of press.
- The appeal by Ashley Hurst, currently in progress at the High Court, has raised discussions in general-news and crime-and-justice sectors, with concerns about creating a possible 'secret SLAPP' mechanism that could suppress the publication or discussion of information related to legal matters.