I was a whistleblower in the voluntary sector and corrupt lawyers tried to bully and bankrupt me. Now I am trying to fight back.
For several years I campaigned for more open governance of two affiliated political pressure groups, which are also registered charities. I believed I had identified the habitual misuse of funds and facilities by a senior trustee and CEO. I was a local trustee and I communicated my concerns on this and a broad range of other issues to the trustees and members. Gradually my activities led to some of the reforms I wished to see, such as the trustees being named on the websites of both groups, and the more democratic election of local and national trustees. The treasurer of the smaller group also responded to my concerns and tried to sanction the CEO, who then threatened to sue the treasurer! Sadly, in the midst of his investigation he suffered a stroke and had to resign. The CEO then decided to take personal legal action against me in the County Court, claiming that my activities consituted harassment. To cut a long story short, after I had signed a non-admittance agreement not to harass the CEO, another trustee sent me confidential committee papers which proved that the CEO's action had been taken 'in pursuit of her duties as CEO'. In effect the CEO had misled the court, as it had been stated in writing that neither of the organisations were involved in the action and that it was taken by the CEO in a purely personal capacity. The chairman of the smaller group also ensured that the payments of the CEO's legal expenses were clearly shown in their accounts. I then informed the CEO's solicitors that I was aware of their subterfuge and that the agreement was worthless and unenforceable. I now wish to publish my account of this story, but I am not sure whether the agreement could be enforced, however dishonestly it was obtained. I would, therefore be very grateful if someone with knowledge of harassment orders could advise me whether the CEO could enforce the agreement in these circumstances. Does the doctrine of 'clean hands' apply here? 'He who comes to equity must have clean hands'. Thanks.
For several years I campaigned for more open governance of two affiliated political pressure groups, which are also registered charities. I believed I had identified the habitual misuse of funds and facilities by a senior trustee and CEO. I was a local trustee and I communicated my concerns on this and a broad range of other issues to the trustees and members. Gradually my activities led to some of the reforms I wished to see, such as the trustees being named on the websites of both groups, and the more democratic election of local and national trustees. The treasurer of the smaller group also responded to my concerns and tried to sanction the CEO, who then threatened to sue the treasurer! Sadly, in the midst of his investigation he suffered a stroke and had to resign. The CEO then decided to take personal legal action against me in the County Court, claiming that my activities consituted harassment. To cut a long story short, after I had signed a non-admittance agreement not to harass the CEO, another trustee sent me confidential committee papers which proved that the CEO's action had been taken 'in pursuit of her duties as CEO'. In effect the CEO had misled the court, as it had been stated in writing that neither of the organisations were involved in the action and that it was taken by the CEO in a purely personal capacity. The chairman of the smaller group also ensured that the payments of the CEO's legal expenses were clearly shown in their accounts. I then informed the CEO's solicitors that I was aware of their subterfuge and that the agreement was worthless and unenforceable. I now wish to publish my account of this story, but I am not sure whether the agreement could be enforced, however dishonestly it was obtained. I would, therefore be very grateful if someone with knowledge of harassment orders could advise me whether the CEO could enforce the agreement in these circumstances. Does the doctrine of 'clean hands' apply here? 'He who comes to equity must have clean hands'. Thanks.
