Linklaters secures extended High Court injunction against former CMO

A High Court judge has this morning extended the injunction preventing former global BD head Frank Mellish from publishing documents he claimed would expose “the ongoing struggle [the firm] has with women in the workplace”.

The extended injunction will now run for a further 11 days, expiring on 22 February, when the firm will also file its particulars of claims against Mellish.

Mr Justice Warby granted the firm a temporary injunction in the wake of ex-global head of business development and marketing Mellish’s failure to attend any hearings or respond to notice.

Mellish was again absent from the hearing though he has now instructed an Australian firm to act for him. The firm is unknown at this stage as it is yet to come on record in the High Court proceedings.

Linklaters global head of dispute resolution Michael Bennett is leading for the magic circle firm, instructing One Brick Court’s Andrew Caldecott QC and Aidan Eardley.

The former executive committee member had informed Linklaters managing and senior partners – Gideon Moore and Charlie Jacobs – of his intent to publish documents relating to three incidents, labelled “the NY settlement”, “the London settlement” and “the Munich incident”.

Warby J’s judgment handed down on 5 February detailed the series of events that stemmed from Mellish’s notice of dismissal on June 2018.

The judgment preceded news from Germany that a former partner would serve over three years in jail for sexual assaulting an intern at the firm’s Oktoberfest celebrations in Munich.

The details of Mellish’s termination remain confidential, however he had “expressed dissatisfaction with the termination of his employment which, given his age, he suggested was effectively the end of his career”.

Linklaters’ feared the documents Mellish intended to publish would reveal the identities of the individuals involved in the three incidents, including that of the former employee in the “Munich incident”.

Mellish’s contract prohibited him from sharing documents of this nature, though it did not attempt to restrain from speaking about the firm’s culture in general terms.

Mellish joined Linklaters from big four firm Deloitte’s Australian arm in April 2017, having spent two years with the accountant.

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