Judgment Approved by the court for handing down.
[2025] EWHC 1170 (Admin)
AC-2024-LON-001310
HUSAIN v SRA
46.
The Tribunal then went on to find, in relation to allegations 1.1 and 1.2, that there had
been a breach of principle 5 (integrity) (see [27.38.17]-[27.38.19]), principle 2 (public
trust) (see [27.38.20]-[27.38.20]) and principle 6 (encouraging equality, diversity and
inclusion) (see [27.38.22]-[27.38.25]).
47.
Allegation 1.3 was different, because that involved communications to the SRA’s
investigating officer (“IO”). Examples included: “You are a Zionist apologist and
fascist like ur organisation- look forward to the McCarthyite show trial”, “You and
your silly little fascist organisation do not have my consent to contact my GP. You and
your Zionist racist pals can go and play with Mr Myerson” and “Given the lack of
engagement with the points I have raised above, I can only consider that IO who is a
Sikh Punjabi is angry about comments made on Twitter by me about the Sikh national
hero Ranjit Singh as a rapist of Muslim women. IO should have been excused from
considering my case since she considers I am offensive to Indians and IO is very
obviously an Indian.” See [27.39.2].
48.
The Tribunal noted that “[i]n correspondence between a solicitor and his regulator the
observance of the formalities of business-like communication was required” and that
the messages were “intrinsically and overtly offensive”. This was in breach of
principles 5, 2 and 6: see [27.39].
49.
The Tribunal then turned to sanction. On the day of the hearing when this had been
considered (23 February 2024), Mr Husain had sent in a note from his GP which
included this: “Mr Husain feels unable to attend this hearing due to a decline in his
mental health and I am concerned that attending this hearing could cause further
deterioration. I would be grateful for your support in this matter”. He also filed written
submissions to the effect that the Tribunal had been wrong to admit Dr Zaman’s report
only as to reasonable adjustments and mitigation. He cited BSB v Howd [2017] EWHC
210 (Admin). The Tribunal noted that Mr Husain had made no application to adjourn
the hearing and decided that it was appropriate to proceed in his absence. His position
was not analogous to that of the barrister in Howd: see [27.40].
50.
As to sanction, the Tribunal noted that, as regards allegations 1.1 and 1.2, “the
Respondent’s motivation appeared to shift from one of making potentially valid
political points to being purely offensive and stooping to use racist and antisemitic
language to underline his points of argument”: [49].
51.
As regards allegation 1.3, “his motivation appeared to be one of anger and outrage at
being called to account by his regulator”: [50].
52.
Under each allegation, the misconduct arose from a conscious decision. There may
have been “an element of spontaneity”, but “this conduct persisted over a number of
months and the Respondent had had time to reflect and moderate his mode of
expression”: [51]. While he may have been suffering from depression, this did not
excuse his behaviour and there was no medical evidence that his condition was of such
a nature or degree that he did not know what he was doing or had no control over his
use of Twitter. There was no medical evidence to explain why his depression would
have caused him to be antisemitic and use racist and inappropriate sexualised language:
[52]-[53].