Who is mystery businessman at heart of Telegraph’s #MeToo expose?
Court of Appeal stops newspaper publishing findings of eight-month investigation into harassment claims
A leading British businessman has won a legal battle in the Court of Appeal to prevent The Daily Telegraph naming him as part of an investigation into harassment.
The newspaper spent eight months investigating allegations of racial abuse, intimidation and sexual harassment made against the businessman by five of his staff members.
All five had been silenced with “settlement agreements” under which they received “substantial payments”, otherwise known as non-disclosure agreements, or NDAs.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The Telegraph draws parallels with Harvey Weinstein’s use of NDAs to pay off accusers, and says that publishing the allegations against the British businessman would “be sure to reignite the #MeToo movement against the mistreatment of women, minorities and others by powerful employers”.
But after the paper contacted the accused boss for comment in July, he and a number of his senior staff applied for an injunction to stop the details being published - a request granted by three Court of Appeal judges on Tuesday.
The decision comes after a High Court judge refused to grant the gagging order in August. The Court of Appeal disagreed with the prior verdict, arguing that the staff making the allegations had been “compromised” by the settlement deals.
However, lawyers have pointed out that the latest court ruling says the injunction is an “interim injunction” that preserves “confidentiality pending a full trial”. In essence, this means the “legal process is not over”, tweets the author and lawyer known as The Secret Barrister.
The issue is further complicated by the fact that “two of the staff who made the accusations against the businessman supported the injunction”, says the BBC’s Clive Coleman.
“This may seem odd but it’s not unusual, as some people, even victims, don’t want a problem at work to follow them afterwards,” he adds.
Telegraph editor Chris Evans has argued that the public “have a right to know when the powerful seek to gag the vulnerable”.
According to Buzzfeed News’ Mark Di Stefano, Evans emailed staff at the paper last night vowing to fight the court order, saying: “We think it is overwhelmingly in the public interest that this story of ours be told and we are confident that, eventually, we will overturn the injunction.”
The ruling renders it illegal to disclose the businessman’s identity or that of his businesses, how much he paid his accusers, and the nature of the allegations.
But, his identity could be revealed in Parliament thanks to parliamentary privilege, which grants MPs certain legal immunities from being sued over what they say in the House.
Labour MP Jess Phillips hinted at this possibility in a tweet last night.
Although Phillips did not name the individual during Prime Minister’s Questions yesterday, she did ask Theresa May whether she thought the injunction was a problem.
The prime minister replied that while she could not discuss the specific case, she agreed that “there is a wider problem with the use of non-disclosure agreements to keep people quiet”.
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
Nigeria's worsening rate of maternal mortality
Under the radar Economic crisis is making hospitals unaffordable, with women increasingly not receiving the care they need
By Harriet Marsden, The Week UK Published
-
'Elevating Earth Day into a national holiday is not radical — it's practical'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
UAW scores historic win in South at VW plant
Speed Read Volkswagen workers in Tennessee have voted to join the United Auto Workers union
By Peter Weber, The Week US Published
-
Controversy is brewing over a lawsuit involving Hermès' luxury bags
Talking Point The lawsuit alleges the company only sells bags to people with a 'sufficient purchase history'
By Justin Klawans, The Week US Published
-
The wine industry is getting pressed as young people drink less
Under the Radar The once-dominating drink is not aging well
By Anya Jaremko-Greenwold, The Week US Published
-
The largest insurance company payouts
In The Spotlight Fights over insurance have been in the spotlight following the collapse of the Francis Scott Key Bridge in Baltimore
By Justin Klawans, The Week US Published
-
Disney board fends off Peltz infiltration bid
Speed Read Disney CEO Bob Iger has defeated activist investor Nelson Peltz in a contentious proxy battle
By Rafi Schwartz, The Week US Published
-
Why are dollar stores a microcosm for America's shrinkflation problem?
Today's Big Question Recent reports have tapped dollar stores as the top offenders of shrinkflation — even beyond grocery stores
By Justin Klawans, The Week US Published
-
Visa and Mastercard agree to lower swipe fees
Speed Read The companies will cap the fees they charge businesses when customers use their credit cards
By Peter Weber, The Week US Published
-
How the Realtors' commission settlement could upend the housing industry
The Explainer Home sellers and buyers stand to benefit from the end of the 6% commission
By Harold Maass, The Week US Published
-
Disney is engaged in a proxy battle against activist investors
Under the Radar Members of the Disney family are backing the company's leadership in the fight
By Justin Klawans, The Week US Published