Judgment Approved by the court for handing down.
[2025] EWHC 1170 (Admin)
AC-2024-LON-001310
HUSAIN v SRA
included the submissions that Israel’s establishment in 1948 was a “deliberate act of
ethnic cleansing”, that Israel is an “apartheid State” and a “colonial endeavour” and that
Israel is now committing genocide in Gaza. Reference was made to recent judgments of
the International Court of Justice (“ICJ”). There are very few contexts in which it
would be appropriate for a domestic court to opine on any of these matters. The present
appeal is certainly not one. What matters here is whether the things Mr Husain said fell
within the bounds of permissible political speech, not whether the criticisms levelled
against Israel by Mr Magennis and Mr Husain are justified.
18.
The issues involved in this case understandably evoke strong reactions on both sides.
They are likely to arise in other cases. Where they do, legal representatives would be
well-advised to focus rigorously on the issues the court has to determine, confine their
submissions to those issues and aim to lower, rather than raise, the temperature of
debate in written and oral arguments.
The SRA Principles and guidance
19.
The SRA Principles require solicitors to act “in a way that upholds public trust and
confidence in the solicitors’ profession and in legal services provided by authorised
persons” (principle 2); with integrity (principle 5); and in a way that encourages
equality, diversity and inclusion (principle 6).
20.
In August 2017 the SRA produced a Warning Notice on Offensive Communications.
This was updated in November 2019. It says:
“We expect you to behave in a way that demonstrates integrity and
maintains the trust the public places in you and in the provision of legal
services.
In the context of letters, emails, texts or social media, this means ensuring
that the communications you send to others or post online do not contain
statements which are derogatory, harassing, hurtful, puerile, plainly
inappropriate or perceived to be threatening, causing the recipient alarm and
distress.”
21.
The Warning Notice adds this:
“The above Principles continue to apply to you (as the context admits)
outside your practice, whether in some other business capacity or in your
personal life. It is in this sphere – namely outside of work – that we are
currently receiving the majority of complaints.
The risk referred to above – namely that social media by its nature tends to
encourage instant communication without the necessary forethought – tends
to be greater when you are outside a work context. You must at all times be
aware of the content you are posting and the need for professionalism.
This is especially true if you are participating in online discussion (whether
this be on Facebook, Twitter, other social media, forums, blogs, etc) and
you have identified yourself as, or are known to be, a solicitor. You should