Judgment Approved by the court for handing down.
24.
[2025] EWHC 1170 (Admin)
AC-2024-LON-001310
HUSAIN v SRA
The tweets relied upon were set out in the SRA’s statement under rule 12(2) of the
Solicitors (Disciplinary Proceedings) Rules 2019 (“the Rules”). It is not necessary to
reproduce all of them, because the Tribunal set out those it regarded as individually
antisemitic and I have recorded both the tweets and the Tribunal’s conclusions about
them later in the judgment. Many of the tweets complained of were posted in Twitter
conversations involving the barrister Simon Myerson QC (now KC) and the journalist
Hugo Rifkind, both of whom are Jewish.
The hearing before the Tribunal
25.
There was a case management hearing on 30 June 2023 at which directions were made.
The parties were permitted to adduce expert reports on what might be considered
antisemitic and as to the meaning of the appellant’s words. The SRA served an expert
report from Stephen Silverman. The appellant did not rely on expert evidence on this
issue. There was a discussion about whether reasonable adjustments might be necessary
at the substantive hearing. The appellant was permitted to file and serve medical
evidence on that issue by 21 August 2023.
26.
The substantive hearing began on 18 September 2023 and continued over 13 days (1822 September 2023, 18-19 December 2023, 26 and 29 January 2023 and 6, 13, 20 and
23 February 2024). The appellant represented himself and was present throughout,
except on the last day (before which he filed written submissions). The SRA was
represented by counsel. The Tribunal heard evidence from Mr Myerson and expert
evidence from Mr Silverman. The appellant provided a statement setting out an
explanation for his tweets and a critique of the SRA’s position.
27.
Shortly before the hearing, the appellant provided medical records including a 2013
diagnosis of recurrent depression and a doctor’s letter from 2022 stating that he had
reported worsening depression and anxiety and that “due to his low mood and
difficulties with anger management this had an impact on how he reacted to difficult
situations”.
28.
The appellant made a number of applications, including an application for the expert’s
evidence to be struck out, and an application for the Chair to recuse himself. Both
applications were refused.