Leigh Day under fire for alleged document shredding

Following the findings of the Al-Sweady inquiry, the Solicitors Regulation Authority is recommending that renowned British human rights firm Leigh Day face a full hearing by the Solicitors Disciplinary Tribunal. Throughout the inquiry, which investigated allegations of torture and abuse by members of the British armed forces during and following the 2004 Battle of Danny Boy in Iraq, Leigh Day represented several Iraqi citizens who had brought forward allegations of misconduct. However, it emerged during the inquiry that a key, hand-written document that would have undermined the abuse claims, thus potentially halting the expensive and lengthy investigation, may have been wilfully destroyed by Leigh Day solicitors.

'Deliberate lies'

In 2014, the Al-Sweady inquiry chairman Sir Thayne Forbes, a former high court judge, concluded that the most serious allegations against British soldiers relating to the Battle of Danny Boy were 'deliberate lies, reckless speculation and ingrained hostility' on the part of Iraqi claimants. The key turning point in the inquiry was the discovery that several of the claimants were members of the Mahdi Army militia, rather than civilians as first believed. Though that information came to light eventually, it is alleged that Leigh Day received and translated a document which linked some of the claimants to the Mahdi Army as early as April 2007. The Ministry of Defence has accused a Leigh Day solicitor of destroying the document before the firm's files were handed over to the Al-Sweady inquiry – an investigation that ended up spanning five years and costing around £31m.

Serious ramifications

Leigh Day has so far denied any wrongdoing. However, the consequences for the firm could be profound if it is found guilty by the SDT of shredding the document. It is within the tribunal's jurisdiction to strike off solicitors, as well as to issue hefty penalties upon which there is no maximum value. The UK Ministry of Defence has levelled several other misconduct accusations at the firm over its handling of work from Iraqi clients, including improperly holding a press conference about the abuse claims, touting for clients, and entering into a prohibited referral fee agreement. All allegations have been denied by Leigh Day. Sources: The Guardian; The Telegraph