Lord Hermer, the Attorney General and key advisor to the Prime Minister, is under investigation by the Bar Standards Board (BSB) following accusations of pursuing false claims against British soldiers during the Iraq War.

Formal Complaint Filed

A formal complaint alleges a ‘witch-hunt’ and disregard for evidence proving the accusations were fabricated. Conservative justice spokesman Nick Timothy filed the complaint, alleging serious professional misconduct related to Lord Hermer’s work representing Iraqi claimants after the Battle of Danny Boy in 2004.

Allegations of Fabricated Claims

The core accusation centers on Lord Hermer allegedly pursuing a case despite warnings and evidence suggesting the allegations of murder against British troops were fabricated. This has sparked debate about handling claims against military personnel and the potential for legal action based on unsubstantiated evidence.

Context of the Allegations

The timing of this complaint is sensitive, coming shortly after the Prime Minister faced questions regarding another controversial appointment, increasing pressure on his administration. The allegations stem from 2008, when Lord Hermer, then a senior lawyer, represented Iraqi individuals accusing British soldiers of unlawful killings.

'Wriggle Room' Concerns

Emails from that time suggest Lord Hermer advised allowing for ‘wriggle room’ in public statements if the alleged killings didn’t occur. Critics argue this demonstrates a willingness to proceed with potentially damaging accusations without a solid evidentiary foundation.

Al-Sweady Inquiry Findings

The 2014 Al-Sweady Inquiry dismissed the claims, branding the Iraqi claimants as liars and finding no evidence of mistreatment or unlawful killings by British soldiers. Evidence revealed the claimants were not innocent civilians but members of the Madhi Army, an Iranian-backed militia.

Concerns Over Due Diligence

This raises questions about the due diligence conducted and whether Lord Hermer was aware of his clients’ true identities and affiliations. The Ministry of Defence also deemed the legal fees sought by Lord Hermer as ‘excessive’.

Hermer's Response

Lord Hermer vehemently denies all wrongdoing, asserting he consistently maintained the ‘highest professional standards’. He refutes knowingly representing individuals with false claims, stating he always acted with integrity. His representatives highlight his extensive legal experience, including representing British military personnel in other cases.

BSB Investigation

However, evidence presented by Nick Timothy, including the emails, suggests a more active role. The BSB is now investigating the complaint to determine if Lord Hermer’s actions constituted professional misconduct. The outcome could significantly impact his career and raise broader questions about legal representation in claims against the armed forces. Former Conservative defence secretary Gavin Williamson has called for a swift and thorough investigation.