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User Name Thread Name Subject Posted
Howard Jones BS: 'Sir' Philip Green (298* d) RE: BS: 'Sir' Philip Green 27 Oct 18


With respect, I think you're confusing the NDA with the injunction.

An NDA comes at the end of a negotiation, where the parties have agreed to settle a civil dispute rather than go to a court or tribunal, and have agreed to keep it confidential. It is a contractual agreement made between them and is intended to settle the matter once and for all. They are broadly useful and usually uncontroversial, although there are concerns that they may be misused in some circumstances. No one is compelled to sign an NDA, but most will agree to do so in return for the certainty of a negotiated settlement rather than face the costs and uncertainty of a hearing.

The injunction was imposed by a court on journalists to prevent allegations of misconduct being revealed. These allegations were possibly made by people who had previously agreed not to make these public and who had accepted large sums to do so. Since the whole point was to keep these confidential, it would defeat the claims of justice to report them before the court had the opportunity to consider them. It would then be up to the court to decide whether Green should continue to remain anonymous.

Remember, these are civil claims, not criminal charges. The alleged sexual harassment may or may not cross the line into criminal behaviour, but that would be for a different court and a different process. Legally an NDA cannot be used to prevent criminal behaviour being reported to the police.


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