Retail tycoon Sir Philip Green’s human rights were not breached when he was named in parliament as the holder of an injunction against the Telegraph newspaper, the European Court of Human Rights (ECHR) has ruled.
The former Topshop boss previously obtained a court injunction preventing the Telegraph from publishing allegations of misconduct made against him by five ex-employees who had agreed to keep the details of their complaints confidential under non-disclosure agreements (NDAs).
Sir Philip “categorically” denied any unlawful sexual behaviour.
However, he was named as the businessman behind the injunction in parliament in October 2018 by Labour peer Lord Hain who used parliamentary privilege.
Parliamentary privilege grants certain legal immunities for members of both the House of Commons and House of Lords and is in place to ensure MPs and peers can go about their work without fear of being sued or prosecuted for contempt of court.
Sir Philip brought a complaint to the ECHR, with lawyers for the Monaco-based businessman challenging the absence of controls on the power of parliamentary privilege to reveal information covered by an injunction.
On Tuesday, the ECHR ruled against Sir Philip.
In a unanimous decision, eight judges in Strasbourg found the right to privacy under Article 8 of the European Convention on Human Rights had not been violated.
A majority of the judges also found that his complaints brought under Article 6, the right to a fair hearing, and Article 13, the right to an effective remedy, were “inadmissible”.
NDAs are legal contracts often used by companies to preserve confidentiality. If the contract is breached, the party breaking the agreement could be liable for damages in the form of hefty financial compensation.
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Following the ECHR ruling on Tuesday, Lord Hain said: “I’m really pleased that the Strasbourg Court [has] defended parliamentary privilege.”
Sir Philip became one of the UK’s best-known retail tycoons when he bought department store group BHS in 2000 and Topshop owner Arcadia Group in 2002.
But his reputation was damaged by the collapse of BHS after he sold the chain for one pound in 2015 to a businessman who had previously been declared bankrupt.
Arcadia Group subsequently went into administration in 2020.
Sky News has approached Sir Philip’s representatives for comment on Tuesday’s ruling.
