UK Government rebukes solicitors who act for ‘improper purposes’

Following our campaign against the London law firm Taylor Hampton, the government has reminded solicitors of their duty to avoid bringing “unmeritorious or abusive claims”.

The Somali journalist Abdalle Mumin has been repeatedly persecuted for criticising the Somali state. So when he was offered a fellowship at the University of York, he saw an opportunity to continue his work in safety.

But after Abdalle arrived in the UK, he faced legal threats sent on behalf of Premier Bank – a major Somali financial institution. The letters he received were full of aggressive and intimidating language and statements without merit, and included a demand for “very substantial” damages.

The complaint? News articles – which Abdalle says were nothing to do with him – and a handful of social media posts in which Abdalle criticised the bank.

In August, we filed a complaint to the Solicitors Regulation Authority over the conduct of the London-based law firm responsible for the letters, Taylor Hampton.

And when the UK Anti-SLAPP Coalition spoke about Abdalle’s experience, the government admitted that it “understands the profound financial and psychological impact Strategic Lawsuits Against Public Participation (SLAPPs) have on victims, and their effect on our legal system and society”.

“They curtail free speech,” the response continued, “have a chilling effect on public interest journalism and pose a threat to our democracy.”

Speaking about guidance issued by the Solicitors Regulation Authority, the government added that “solicitors should avoid bringing unmeritorious or abusive claims, must not act for improper purposes, and are expected to advise clients against such conduct”. The government would not be drawn on the specifics of Abdalle’s situation or of the conduct of Taylor Hampton.

When we contacted Taylor Hampton, the firm denied that its letters were a SLAPP and suggested that Abdalle published a number of highly defamatory allegations about Premier Bank to a large audience which threatened the bank’s viability. Abdalle is an experienced journalist, the firm said, claiming the letter was not intimidating or oppressive and “was suitably framed to respond to the severity of Mr Mumin’s conduct”.

Taylor Hampton pointed to case law which says firms are not required to investigate their clients’ claims, and also said that “third party sources” told Premier Bank that Abdalle was the author of the news articles. The company didn’t provide any evidence of these claims.

It’s time for the government to bring forward standalone legislation that deals with abusive legal claims intended to stifle free speech.

For journalists like Abdalle, action cannot come soon enough.