England: Law firms involved in SLAPPs should pay into defence fund, Lords say

The House of Lords select committee on communications and digital said the UK could benefit from a SLAPPs defence fund similar to that launched in the US in November 2021, which could be partially funded by fines levied by the Solicitors Regulatory Authority (SRA) against perpetrators of SLAPP cases.

The call comes after the committee heard evidence earlier this week about a lawsuit taken by Yevgeny Progozhin, owner of the Russian paramilitary firm Wagner Group, against British journalist Eliot Higgins, founder of investigative website Bellingcat.

As well as writing to the Ministry of Justice and the Department for Digital, Culture, Media and Sport (DCMS), the committee has also demanded an explanation from the Treasury over its decision to grant Mr Progozhin a licence to pursue legal action against a UK journalist despite being subject to official sanctions.

Mr Higgins has reportedly been left with an estimated £70,000 in legal costs as a result of the case.

The committee has called on the Chancellor to release information on the processes which led to the Office of Financial Sanctions Implementation facilitating this case; how many similar cases have occurred in the past five years; and actions being taken to prevent similar occurrences in future.

Committee chair Baroness Stowell of Beeston said: “The current level of activity to tackle SLAPPs is wholly inadequate. The regulator is not properly equipped with the powers necessary to deter law firms against abusive practices. But it needs to demonstrate greater boldness in holding law firms to account to inspire greater confidence.

“The decent law firms will stand to gain from a strong regulator and should support the SRA in being much more proactive and open in their investigations and penalties.

“Meanwhile the Treasury is apparently helping sanctioned Russian paramilitary owners pursue libel cases against UK journalists. We have called for clarity on how this was allowed to happen and how we can ensure it never happens again.”