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Exclusive: Weinstein lawyer to face no action for 'immoral' NDA

Harvey Weinstein - REUTERS
Harvey Weinstein - REUTERS

A senior British lawyer who drew up an “immoral” non-disclosure agreement signed by a Harvey Weinstein victim will face no action, MPs will hear today.

Zelda Perkins, a former assistant to the Hollywood mogul, alleges she was sexually harassed by him over many years. She received a £125,000 pay-off and signed a stringent agreement which purported to restrict her ability to cooperate with a criminal investigation.

MPs have accused the agreement of potentially “perverting the course of justice”.

However, it is understood the Solicitors Regulation Authority, the legal watchdog, will not be taking any action against Mark Mansell, the lawyer behind the non-disclosure agreement, the Daily Telegraph can reveal.

The regulator’s own rules, published on its website, state any NDAs which deter a person from cooperating with a criminal investigation are “improperly used” and should be looked into.

Today Paul Philip, the SRA’s chief executive, will appear before the Women and Equalities committee as part of its inquiry into sexual harassment in the workplace. It is expected to ask why the SRA is not taking action against Mr Mansell, who is a partner at Allen and Overy, one of the UK’s biggest law firms.

Philip Davies, Conservative MP and member of the committee, has previously said Ms Perkins’ NDA did not meet the regulator's requirements.

33 Hollywood stars who have spoken out about Harvey Weinstein
33 Hollywood stars who have spoken out about Harvey Weinstein

In addition, Professor Richard Moorhead, the ethics expert, told the committee: “There is a significant risk that the NDA exposed both Mr Mansell and/or his clients to a charge of perverting the course of justice.”

Last month, Mr Mansell admitted he would not have drafted the NDA in the same way today.

Asked by Maria Miller, the chair of the committee, whether the agreement “could be seen as perverting the course of justice”, he said: “Yes, I can see why people might view it that way.”

Mr Mansell added: “There can be situations where there is the possibility that the information being given goes over and above what strictly needs to be done and it is possible in those circumstances that someone may try to restrict that.”

Ms Perkins told the committee last month the NDA, which she signed 20 years ago, was “morally wrong”.

Weinstein has been engulfed in a scandal after about 80 women, including Rose McGowan and Uma Thurman, accused him of misconduct. Weinstein denies all allegations of sexual assault.

Profile | Harvey Weinstein
Profile | Harvey Weinstein

Last month, the Weinstein Company filed for bankruptcy. "It has been reported that Harvey Weinstein used non-disclosure agreements as a secret weapon to silence his accusers. Effective immediately, those 'agreements' end," the company said in a statement.

The SRA and Mr Mansell declined to comment.