A SUPER-INJUNCTION banning details of an alleged "sexual relationship" between Sir Fred Goodwin and a colleague being revealed does not stop financial regulators investigating, a High Court judge has ruled.
Mr Justice Tugendhat said the Financial Services Authority (FSA), any other regulator or the Royal Bank of Scotland board was free to delve into the problems RBS experienced while Sir Fred was chief executive.
Lord Stoneham used parliamentary privADVERTISEMENT
ilege to reveal in parliament last week that Sir Fred had an affair with colleague while at RBS.
The Liberal Democrat peer said: "How can it be right for a super-injunction to hide the alleged relationship between Sir Fred Goodwin and a senior colleague?
"If true, it would be a serious breach of corporate governance and not even the Financial Services Authority would know about it."
After his comments, Mr Tugendhat altered the terms of the order so that, although Sir Fred can be named, the colleague with whom he allegedly had the affair, and the details of their relationship, cannot be revealed.
Yesterday, the judge told lawyers during a court hearing in London: "Anybody who thought that the injunction was directed at preventing any sort of investigation, whether by the FSA, any other regulatory body or the board of the RBS, would be wholly mistaken."
Sir Fred, 52, took legal action in March after discovering the Sun planned to publish a story about the "relationship", the court heard. He alleged that the tabloid was threatening his right to privacy and a judge granted the temporary injunction which prevented publication of his identity.
Lord Stoneham raised the issue in the Lords last Thursday as a "public interest" matter, because RBS had needed a £45 billion taxpayer bailout in 2008. He told peers: "Every taxpayer has a direct public interest in the events leading up to the collapse of the Royal Bank of Scotland."
Hugh Tomlinson, QC, representing Sir Fred, said it was accepted that the order should be varied to allow his client to be named because of what had been said in parliament.
He told the judge there had been no suggestion before the court at any stage that Sir Fred had done "anything improper in his conduct of the business of the Royal Bank of Scotland".
In March, Liberal Democrat MP John Hemming used parliamentary privilege to reveal that Sir Fred had won an injunction, although he gave no details.
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A SUPER-INJUNCTION banning details of an alleged "sexual relationship" between Sir Fred Goodwin and a colleague being revealed does not stop financial regulators investigating,
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TEN NAMES YOU ARE STILL NOT ALLOWED TO BE TOLD...TEN NAMES YOU ARE STILL NOT ALLOWED TO BE TOLD...
1. A rich public figure won a gagging order to hush up his infidelity claiming it would be ‘very distressing’ for his family if details of his affair were made public.
2. A multi-millionaire footballer won a gagging order banning the reporting of allegations of a ‘sexual liaison, encounter or relationship’ with a foreign sportswoman.
3. A top Premier League and international star – a multi-millionaire father in a long-term relationship – took out an injunction that prevented a woman going public with claims that he cheated on his wife.
4. A Premier League manager won an injunction gagging a cuckolded husband from revealing his identity and details of his affair with the man’s wife, claiming he was trying to rebuild his family life.
5. One of the Premier League’s most famous and best-paid players, this married man with children took out an injunction preventing publication of details of a ‘sexual liaison or relationship’ between him and another woman.
6. A married TV star obtained a gagging order stopping his ex-wife writing about their relationship and claims that they had a sexual affair after he remarried.
7. An international footballer playing for one of the Premier League’s biggest clubs won an injunction covering an alleged ‘blackmail plot’ over a group sex incident with three Swedish women at a hotel, filmed on a mobile phone.
8. A world-famous sportsman, not a footballer, who is married and a father was granted an injunction over any suggestions of an ‘extramarital affair’ with another woman.
9. A married TV star and comedian obtained a gagging order preventing the publication of allegations that he engaged in S&M sex and the disclosure of text messages, emails and photos relating to the allegations.
10. A high profile actor alleged to have paid for sex with Helen Wood, a prostitute who also had Wayne Rooney as a client, won a secrecy injunction.
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