The shadow attorney general, David Wolfson, has recused himself from giving advice to Kemi Badenoch on Ukraine and Russia because he is representing the under-sanctions Russian oligarch Roman Abramovich in a court case, the Conservatives have announced.
This would prevent him from offering advice on the possible deployment of UK troops to Ukraine in the event of a ceasefire with Russia.
Lord Wolfson, who is a senior KC and a Tory peer, is part of the legal team representing Abramovich as he attempts to recover billions in frozen assets he owns in the Channel Islands.
Speaking at prime minister’s questions on Wednesday, Keir Starmer criticised Wolfson’s role, telling Badenoch: “How can someone sit in her shadow cabinet, advising someone trying to escape sanctions, and pretend that their policy is to support us on sanctions?”
Asked about this, Badenoch’s spokesperson said Wolfson did not sit in the shadow cabinet, and that because Jersey was a different legal jurisdiction the case had no bearing on the release of £2.5bn from Abramovich’s sale of Chelsea football club, which the UK government wants to use to help rebuild Ukraine.
Wolfson “has recused himself from legal advice on Ukraine and Russia, [which] as you know is standard practice”, the spokesperson said, adding that Badenoch was delighted with Wolfson’s performance in his role.
The official confirmed that this would mean Wolfson could not advise on the possible deployment of UK troops but said this was not yet relevant because there were as yet no details of how this might happen. He added: “He has recused himself from advising her [Badenoch] on anything related to Ukraine because of this court case.”
This would not be a problem, the spokesperson said, as there was “plenty of legal advice” among shadow ministers, citing Robert Jenrick, a former corporate law solicitor, Victoria Atkins, who was a barrister specialising in fraud, and Helen Grant, a former solicitor who is shadow solicitor general.
Labour has criticised Wolfson, arguing that his work for Abramovich while he is a shadow minister creates an unacceptable conflict of interest.
The Conservatives have repeatedly criticised the attorney general, Richard Hermer, for cases he took on as a barrister, including the former Sinn Féin leader Gerry Adams and Liberty, which was a party in the case of Shamima Begum, who has been barred from the UK after travelling to Turkey when she was 15 to join up with Islamic State.
Asked why Badenoch and others had done this and maintained that Wolfson’s work for Abramovich was not a problem, the Tory leader’s spokesperson claimed that Hermer had often campaigned for the wider causes behind cases.
“There is obviously a difference between cases and causes, and what Lord Wolfson is doing is he is taking a case. You haven’t seen him campaigning or anything like that,” he said. “Lawyers represent cases, not causes. What Richard Hermer has done is represent causes.”
Asked if he could give an example of the causes Hermer had embraced, he replied: “I don’t have any to hand.”
The Conservatives have also criticised Starmer for cases he took on as a barrister. The spokesperson said this was because he had, like Hermer, taken on causes rather than cases.
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