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06 October 2023 / John Gould
Issue: 8043 / Categories: Opinion , Regulatory , Profession
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Allegations & NDAs

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Should lawyers be required by regulators to refuse to participate in NDAs in relation to allegations of sexual misconduct? John Gould investigates

Complaints against the former TV personality Russell Brand are just the latest of almost daily allegations of sexual misconduct against celebrities producing high levels of publicity. Whatever the rights and wrongs of any case, the issue of when and how allegations emerge is an important one. Often sexual criminals have been able to cover up their wrongdoing but reputations have also been tarnished by the publicity around false allegations. Recently the Legal Services Board closed its call for evidence on the role of lawyers’ conduct in the misuse of non-disclosure agreements (NDAs). The Bar Council has attracted trenchant criticism from those who campaign for legal restrictions to the use of NDAs for the evidence it submitted.

The controversy centred on the role of lawyers and legal regulators in preventing the perceived misuse of NDAs by clients. Should lawyers be required by regulators to refuse to participate in NDAs in relation to allegations of sexual misconduct even if perfectly lawful? What

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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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