Mulcaire and confidentiality

What impact will the withdraw of litigation funding have?

Since the revelations in the New York Times revived the phone hacking scandal back in September 2010, one of the most puzzling aspects has been the "settlement" agreement that News International had entered into with Glenn Mulcaire. In particular, as was pointed out at Jack of Kent, a conventional settlement agreement made no sense if Mulcaire was not actually an employee to begin with.

Since then, it has become clear that the agreement had two key terms in addition to any cash payment for Mulcaire to compromise all and any legal claims against News International, if he ever had any such claims at all.

First, there was an obligation of confidentiality on Mulcaire. This is standard in such agreements, though in this case it was clearly convenient to News International. A cynic may even suggest that was the whole point.

Second, there appears to have been an indemnity for the payment of Mulcaire's legal fees for defences to civil claims. This may have been tied into a further right of News International to conduct his defence. This would have been sensible from a strategic point of view, as it appears News International was facing a number of actions as co-defendant with Mulcaire.

However, after pressure at yesterday's select committee hearing, it has been announced that this funding of legal costs has been withdrawn. Apart from the direct financial detriment this will have on Mulcaire, it is not clear what impact this will have on either the confidentiality provision or any right of News International to conduct his defence on his behalf. If the agreement is sophisticated and well-drafted, it may be that the indemnity can be dropped without any effect on whether other obligations can be enforced.

In any case, it would now seem that Mulcaire has no direct interest in co-ordinating any defence to the civil claims with News International. He may well feel at least morally released from any obligation of confidentiality. The withdraw of funding his defence may have a significant impact on the course of the outstanding civil claims. In this way, as in many others, the events of this week mean that News International cannot carry on as before.

David Allen Green is legal correspondent of the New Statesman. He is the author of the Jack of Kent blog and can be followed on Twitter and on Facebook.

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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“I felt very lonely”: addressing the untold story of isolation among young mothers

With one in five young mothers lonely “all the time”, it’s time for employers and services to step up.

“Despite having my child with me all the time, I felt very lonely,” says Laura Davies. A member of an advisory panel for the Young Women’s Trust, she had her son age 20. Now, with a new report suggesting that one in five young mums “feels lonely all the time”, she’s sharing her story.

Polling commissioned by the Young Women’s Trust has highlighted the isolation that young motherhood can bring. Of course, getting out and about the same as you did before is never easy once there’s a young child in the picture. For young mothers, however, the situation can be particularly difficult.

According to the report, over a quarter of young mothers leave the house just once a week or less, with some leaving just once a month.

Aside from all the usual challenges – like wrestling a colicky infant into their jacket, or pumping milk for the trip with one hand while making sure no-one is crawling into anything dangerous with the other – young mothers are more likely to suffer from a lack of support network, or to lack the confidence to approach mother-baby groups and other organisations designed to help. In fact, some 68 per cent of young mothers said they had felt unwelcome in a parent and toddler group.

Davies paints what research suggests is a common picture.

“Motherhood had alienated me from my past. While all my friends were off forging a future for themselves, I was under a mountain of baby clothes trying to navigate my new life. Our schedules were different and it became hard to find the time.”

“No one ever tells you that when you have a child you will feel an overwhelming sense of love that you cannot describe, but also an overwhelming sense of loneliness when you realise that your life won’t be the same again.

More than half of 16 to 24-year-olds surveyed said that they felt lonelier since becoming a mother, with more than two-thirds saying they had fewer friends than before. Yet making new friends can be hard, too, especially given the judgement young mothers can face. In fact, 73 per cent of young mothers polled said they’d experienced rudeness or unpleasant behaviour when out with their children in public.

As Davies puts it, “Trying to find mum friends when your self-confidence is at rock bottom is daunting. I found it easier to reach out for support online than meet people face to face. Knowing they couldn’t judge me on my age gave me comfort.”

While online support can help, however, loneliness can still become a problem without friends to visit or a workplace to go to. Many young mothers said they would be pleased to go back to work – and would prefer to earn money rather than rely on benefits. After all, typing some invoices, or getting back on the tills, doesn’t just mean a paycheck – it’s also a change to speak to someone old enough to understand the words “type”, “invoice” and “till”.

As Young Women’s Trust chief executive Dr Carole Easton explains, “More support is needed for young mothers who want to work. This could include mentoring to help ease women’s move back into education or employment.”

But mothers going back to work don’t only have to grapple with childcare arrangements, time management and their own self-confidence – they also have to negotiate with employers. Although the 2003 Employment Act introduced the right for parents of young children to apply to work flexibly, there is no obligation for their employer to agree. (Even though 83 per cent of women surveyed by the Young Women’s Trust said flexible hours would help them find secure work, 26 per cent said they had had a request turned down.)

Dr Easton concludes: “The report recommends access to affordable childcare, better support for young women at job centres and advertising jobs on a flexible, part-time or job share basis by default.”

Stephanie Boland is digital assistant at the New Statesman. She tweets at @stephanieboland