"The SRA has put an obligation on solicitors to identify proposed courses of action (including in pre-action) that could be representative of a SLAPP and decline to act in such a manner. Such offending behaviour may include: threatening or advance meritless claims; making unduly aggressive and intimidating threats and pursuing unnecessary and onerous procedural applications."
Writing in the Solicitors Journal, associate Jack Rogers examines the Solicitors Regulation Authority's (SRA) intervention over the controversial practice of using lawsuits to prevent public participation (SLAPPs). SLAPP stands for Strategic Lawsuit against Public Participation. He highlights that the SRA's warning notice is aimed at all firms and regulated individuals who conduct litigation and who give dispute resolution and pre-action advice, and it seeks to remind solicitors that representing client interests does not override wider public interest obligations and duties to the courts.
In this article Jack also discusses how the behaviours and themes highlighted in the SRAs warning may also inform solicitors' other obligations, such as the duty to report and the obligation of vigilance.
The full article is available to read online and in print at the Solicitors Journal.
Jack Rogers is an associate in the commercial litigation team. He joined on qualification in March 2022 and has particular experience in advising on disputes involving regulated individuals and public bodies.
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