Tribunal finds that proceedings in opposition to Allen & Overy’s Mark Mansell represented a ‘important threat to life’

Allen & Overy’s London workplace

Regulators have halted a case in opposition to an Allen & Overy associate that was based mostly on his function in drawing up a controversial non-disclosure settlement (NDA) for Harvey Weinstein.

The Solicitors Regulation Authority (SRA) stated at this time that the case in opposition to Mark Mansell had been stayed due to severe well being considerations.

Mansell had been due to appear earlier than the Solicitors Disciplinary Tribunal in June 2019, however the date was pushed again. It now seems that it’s going to by no means happen.

The SRA’s assertion says:

“Medical specialists instructed by each events — who gave detailed proof — considerably agreed that the continuation of the proceedings, and particularly a trial, represented a big threat to Mr Mansell’s life. Within the circumstances the SDT concluded {that a} truthful trial was not potential.”

The SRA had argued that Mansell shouldn’t be capable of escape an investigation on well being grounds whereas persevering with to work. Its QC advised the tribunal, “a solicitor accused of significant misconduct couldn’t be immune from answering these allegations earlier than the Tribunal while persevering with to apply as a solicitor”.

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However the tribunal discovered that though that end result may be “unsatisfactory”, that “didn’t imply that the continuation of the proceedings however the Respondent’s medical situation was a good end result”. It stated that “the agreed medical proof was clear; the Respondent was unfit [REDACTED] to bear the rigours of a listening to” or to take part in proceedings “in any type”.

Mansell’s representatives launched an announcement describing him as a “extremely revered solicitor with an unblemished thirty 12 months skilled profession”. They added that the “misconceived” proceedings associated to issues that befell greater than 20 years in the past and that “it isn’t disputed that our shopper didn’t suggest the now-controversial wording”.

The SRA stated that it has now withdrawn its problem to the tribunal’s choice to halt the case.

In 2018, the regulator issued a warning to solicitors to not use NDAs to stop alleged victims of sexual assault or harassment from talking out.

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