Weinstein’s UK lawyer facing prosecution

London legal partner could be struck off over use of gagging order to silence Hollywood producer’s aide

HARVEY WEINSTEIN’S lawyer is facing prosecution for his involvement in the use of gagging orders to silence victims of sexual harassment.

London-based Mark Mansell, who drew up the agreement signed by the Hollywood mogul’s personal assistant Zelda Perkins, has been referred to the Solicitors Disciplinary Tribunal (SDT), which could have him struck off.

The news will be a blow for Allen and Overy, one of the UK’S “magic circle” law firms where partners such as Mr Mansell took home a profit share in excess of £1.6million last year.

The Solicitors Regulation Authority (SRA) referred the case to the tribunal two years ago after it was first alerted to the agreement signed by Ms Perkins, which prevented her talking to her therapist or potentially the police about the sexual harassment she had suffered.

It comes amid renewed scrutiny on the use of non-disclosure agreements (NDAS) in the wake of a Daily Telegraph investigation into Sir Philip Green which revealed the Topshop owner paid huge sums, in one case in excess of £1million, to silence allegations of sexual and racial harassment.

The SRA is also understood to be looking into the grievance procedure and subsequent NDAS signed by at least one of Sir Philip’s previous employees who accused the billionaire of sexual harassment.

Ms Perkins, who is British, last year told the House of Commons women and equalities committee that she felt she had no choice but to sign a gagging clause in 1998 after accusing her powerful boss of sexual harassment and the attempted rape of her friend.

The furore surrounding Mr Weinstein’s abuse of his power prompted the Metoo movement to hit the headlines.

Yesterday Paul Philip, chief executive of the SRA, told the committee the case had been referred to the tribunal last week. “That will in due course be, I presume, a public hearing,” he added.

Maria Miller, chair of the committee, expressed surprise that it had taken the SRA two years to take the decision to refer the case but Mr Philip said that it was only 10 months from the point at which they had “engaged”.

Mr Mansell also gave evidence to the committee last March after Ms Perkins broke her NDA to talk about her treatment by Mr Weinstein.

The veteran employment lawyer told MPS that “looking back I would make it clearer that the ability to participate in a criminal process was not in any way restricted”.

The SRA put out a warning to legal professionals about the misuse of NDAS to cover up potentially criminal behaviour in the wake of the case. It is carrying out eight separate investigations into the use of gagging orders in the workplace.

In cases of serious misconduct the regulator can prosecute the case before the SDT which can suspend or strike off solicitors and issue unlimited fines.

Kelly Tolhurst, the Business, Energy and Industrial Strategy Minister told the committee the Government was consulting on ways to prevent the abuse of NDAS with a view to drawing up a statutory code of practice.

Allen and Overy said: “We cannot comment on an ongoing investigation.”