Morison J said: ‘Equally, citizens have an unfettered access to the Courts to resolve disputes and to conduct those proceedings forcefully, causing legitimate aggravation to the other party within the procedural rules. Persons will or may feel harassed as a result of the lawful conduct of forcefully conducted litigation. On the other hand, if proceedings … Continue reading Baron v Crown Prosection Service: 13 Jun 2000
Judges: Sir Terence Etherton Ch, Rix, Lewison LJJ Citations: [2013] EWCA Civ 149 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Citing: See Also – Iqbal v Dean Manson Solicitors CA 15-Feb-2011 The claimant sought protection under the Act from his former employers’ behaviour in making repeated allegations against him. He … Continue reading Iqbal v Dean Manson Solicitors and Others (No 2): CA 5 Mar 2013
Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the perjury. Held: The court had to balance the competing needs of fairness and expedition. There was nothing … Continue reading Savings and Investment Bank Ltd (In Liquidation) v Fincken: CA 14 Nov 2003
The claimant had obtained an interim order restraining many media organisations from publishing any story which might concern his life. Representatives of the Sun having been said to have acted in breach of the order, the proceedings were amended to name its owner as the first defendant. Judges: Tugendhat J Citations: [2012] EWHC 308 (QB) … Continue reading AM v News Group Newspapers Ltd and Others: QBD 23 Feb 2012
Reasons for grant of injunction to restrain the Defendants from publishing private information and other information detrimental to the Claimant and ordering them to remove a particular video from the internet. Judges: Morris J Citations: [2021] EWHC 475 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 191) Jurisdiction: England and Wales Litigation Practice, Human … Continue reading COS v PER and Another: QBD 3 Mar 2021
Application for leave to appeal against sentence – granted. Judges: David Clarke J, Lloyd-Jones J Citations: [2010] EWCA Crim 1075 Links: Bailii Statutes: Protection from Harassment Act 1997 2 Jurisdiction: England and Wales Criminal Sentencing Updated: 25 August 2022; Ref: scu.424859
‘Owing to the absolute character of the right guaranteed, the court does not rule out the possibility that article 3 of the Convention may also apply where the danger emanates from persons or groups of persons who are not public officials. However, it must be shown that the risk is real and that the authorities … Continue reading HLR v France: ECHR 29 Apr 1997
Judges: Sweeney J Citations: [2009] EWHC 2716 (QB) Links: Bailii Statutes: Protection against Harassment Act 1997 83 Citing: Cited – Handyside v The United Kingdom ECHR 7-Dec-1976 Freedom of Expression is Fundamental to SocietyThe appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the … Continue reading Novartis Pharmaceuticals UK Ltd and Others v Stop Huntingdon Animal Cruelty (‘SHAC’) and Others: QBD 30 Oct 2009
The coroner investigating the death of Prncess Diana sought an order for the production by Channel 4 of documents and materials in its possession. Held: Whilst the order should be made, it must be recognised that the Civil Procedure Rules were designed for use within an adversarial context, and not within the context of the … Continue reading Assistant Deputy Coroner for Inner West London v Channel 4 Television Corporation: QBD 31 Oct 2007
The claimant’s daughter had made a complaint of rape. She alleged that she was sexually harassed by the investigating police officer, and sought damages also from the defendant, his employer. The officer denied that anything improper or non-consensual had taken place. Held: The taking of the statements was a course of conduct and was plainly … Continue reading KD v Chief Constable of Hampshire: QBD 23 Nov 2005
Applications for injunction. Judges: Owen J Citations: [2003] EWHC 2337 (QB), [2004] 1 WLR 1503 Links: Bailii Statutes: Protection Against Harassment Act 19973 Jurisdiction: England and Wales Litigation Practice Updated: 07 July 2022; Ref: scu.263158
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003
The bank appealed against a finding that it had harassed the claimant customer by its repeated telephone calls. Held: The appeal failed as to liability and quantum.Harassment can occur even if the conduct in question is, at first sight, commonplace or unremarkable. Judges: Arden, Jackson, McCombe LJJ Citations: [2013] EWCA Civ 882 Links: Bailii Statutes: … Continue reading Roberts v Bank of Scotland Plc: CA 11 Jun 2013
Where a defendant had acted in breach of a court injunction, that conduct, almost necessarily, could not be considered as potentially reasonable for the purposes of the defence available under Protection from Harassment Act 1997. Citations: Times 23-Jun-1999 Statutes: Protection from Harassment Act 1997 1(3)(c) Crime Updated: 19 May 2022; Ref: scu.80047
In the circumstances of the case, where the applicant was in the advanced stage of a terminal illness (AIDS), to implement a decision by the respondent to remove the appellant to St Kitts in the West Indies would be a violation of his rights under Article 3. The applicant’s previous grave criminal offences were of … Continue reading D v United Kingdom: ECHR 1997
(United States of America) Wilkinson CJ discussed the statutory protection given to Internet Service providers in the US: ‘Section 230 creates a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service. Specifically, Section 230 precludes courts from entertaining claims that would … Continue reading Zeran v America Online: 1997
Identification of Company’s Directing Mind In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store. Held: ‘In the expression ‘act or default’ in section 23 … Continue reading Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971
The court struck out a claim for damages against an employer for harassment under the 1997 Act. Judges: Gray J Citations: [2003] EWHC 1230 Statutes: Protection from Harassment Act 1977 Jurisdiction: England and Wales Cited by: Cited – Majrowski v Guy’s and St Thomas’ NHS Trust CA 16-Mar-2005 The claimant had sought damages against his … Continue reading Sharma v Wells and Medico-Legal Investigations Ltd: QBD 2003
Edis J [2015] EWHC 2141 (QB) Bailii Protection from Harassment Act 1997 3(1) England and Wales Torts – Other Updated: 02 January 2022; Ref: scu.550575
The claimants sought injunctions and orders under the act against the respondent in respect of acts of harrassment intended variously to dissuade the companies form engaging in activities disapproved by the respondents. Held: The Act was not available to protect companies. Orders were granted for the individuals employed by them who had been affected, but … Continue reading Daiichi UK Ltd and others v Stop Huntingdon Animal Cruelty and Others; Asahi Glass UK ltd and others v Same; Eisaai Ltd v Same; Yam,anouchi Pharma UK Ltd and others v Same; Sankyo Pharma UK Ltd and others v Same: QBD 13 Oct 2003
Nicol J [2009] EWHC 1726 (Ch) Bailii Protection from Harassment Act 1997 England and Wales Torts – Other Updated: 22 November 2021; Ref: scu.347722
Appeal by a bank against an order made against it in proceedings for unlawful harassment. Held: Appeal dismissed. Lloyd, Jackson, Beatson LJJ [2013] EWCA Civ 982 Bailii Protection from Harassment Act 1997 England and Wales Torts – Other, Banking Updated: 19 November 2021; Ref: scu.514390
The claimant a former PhD student sought substantial damages alleging harassment by her supervisor, employed by the defendant. Held: The claim failed. The claimant had become fixated, and those working alongside both partes, whilst recognising the supervisor’s sometimes abrupt manner, did not support the allegations. Hamblen J [2013] EWHC 2438 (QB) Bailii Protection of Harassment … Continue reading Saha v Imperial College of Science, Technology and Medicine: QBD 7 Aug 2013
The absence of any other explanation for the unfair dismissal of a black worker, does not of itself and inescapably lead to finding of race bias, or racial discrimination. He had been dismissed following complaints of sexual harassment, later found to be unsupported. The tribunal reasoned that the dismissal was to be presumed to be … Continue reading Strathclyde Regional Council v Zafar; Zafar v Glasgow City Council: HL 16 Oct 1997
The defendant sought to appeal against a ‘stand-alone’ anti-social behaviour order. The parties disputed whether an appeal lay. The act created an appeal against the making of an order but in this case it was a renewed order. Held: In the county court there is a right of appeal against an ASBO and its variation … Continue reading Langley v Preston Crown Court and others: CACD 30 Oct 2008
UTIAC (1) There is no general duty of disclosure on the Secretary of State in asylum appeals generally or Country Guidance cases in particular. The extent of the Secretary of State’s obligation is set out in R v SSHD ex p Kerrouche No 1 [1997] Imm AR 610, as explained in R (ota Cindo) v … Continue reading CM (Em Country Guidance; Disclosure) Zimbabwe CG: UTIAC 31 Jan 2013
Harassment Occurs on the Result, not the Intention The claimant said that over several years, the respondent had pursued him in many ways challenging his management of a company’s affairs. Complaints had been investigated by the insolvency service and by the police who had discovered nothing to support futher action. The respondent said that his … Continue reading Hayes v Willoughby: CA 13 Dec 2011
The defendant had been acquitted of having a bladed article in a public pace, and now appealed against the making of a restraining order against him under the 1977 Act. Held: The appeal succeeded: ‘the requirements of the making of a restraining order under section 5A were not made out in this case. The test … Continue reading Jose, Regina v: CACD 23 May 2013
The claimant and appellant had been employer and employee who had fallen out, with a settlement in 2005. The appellant then began an unpleasant and obsessive personal vendetta against Mr Hayes, complaining to public bodies with allegations of tax evasion, fraud and similar. Several investigations all concluded against the appellant, and indeed disproved in 2007. … Continue reading Hayes v Willoughby: SC 20 Mar 2013
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit her enjoyment of her land. Held: The interference with TV reception by an … Continue reading Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997
Nine police officers claimed damages for alleged harassment under the 1997 Act by a senior officer in having bullied them and ordered them to carry out unlawful procedures. Amendments were sought which were alleged to be out of time and to have arisen from different facts. Held: Amendments were allowed where they arose from the … Continue reading Dowson and Others v Northumbria Police: QBD 30 Apr 2009
The claimant appealed against the striking out of his claim of harassment against the Authority who had contacted him in an intended review of pensions mis-selling. They had contacted him once by letter, once by telephone and once by e-mail. Held: The judge had failed properly to make an assessment of the case, but even … Continue reading Calland v Financial Conduct Authority: CA 13 Mar 2015
The respondent had been sentenced to two months imprisonment for breaches of orders under the Act. The wife appealed, seeking to increase the sentence. The maximum sentence was two years.
Held: The court had to consider such cases in the light . .
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The claimants ran a guinea pig farm. They and their neighbours applied for injunctions and an exclusion zone to keep away the defendants who campaigned against the breeding of animals for research. Held: The claimants had been subjected to a long and sustained campaign of harassment by the defendant organisation and its associates. The court … Continue reading Hall and others v Save Newchurch Guinea Pigs (Campaign) and others: QBD 17 Mar 2005
Judges: Lang DBE J Citations: [2012] EWHC 3408 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 3 3A Jurisdiction: England and Wales Torts – Other Updated: 12 November 2022; Ref: scu.466972
A security company had become insolvent. One shareholder, the claimant, re-established a business with a third party. His former co-shareholder then secured a consultancy agreement, assigning the benefit of that agreement to the defendant. The claimant now complained of harassment by the defendant. The defendant had an historic conviction for a serious offence, and was … Continue reading Hall v Fox: QBD 19 Jul 2012
Judges: Steyn DBE J Citations: [2019] EWHC 3190 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 3 Jurisdiction: England and Wales Torts – Other Updated: 01 October 2022; Ref: scu.645967
Judges: Mr Justice Jay Citations: [2022] EWHC 1960 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 3 Jurisdiction: England and Wales Torts – Other Updated: 19 August 2022; Ref: scu.679727
The defendant appealed an order under the 1997 Act saying that it was akin to an order made under the 1998 Act where proof was required to a criminal standard, and that the court had applied only the civil standard. Held: There was a real distinction between the two Acts. The civil standard of proof … Continue reading Hipgrave and Another v Jones: QBD 15 Dec 2004
Judges: Barling J Citations: [2018] EWHC 3437 (Ch) Links: Bailii Statutes: Protection from Harassment Act 1997 3 Jurisdiction: England and Wales Torts – Other Updated: 17 June 2022; Ref: scu.631343
Citations: [2020] EWHC 3262 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 3(2) Jurisdiction: England and Wales Defamation, Torts – Other Updated: 14 May 2022; Ref: scu.656503
The claimant sought permanent worldwide injunctions against the defendants to restrain them from harrassing their staff. The companies were involved in medical research involving animal experiments. Held: On the written evidence put before the court the test for summary judgment in CPR 24.2 was satisfied. McGowan J [2014] EWHC 3429 (QB) Bailii Protection from Harassment … Continue reading Novartis Pharmaceuticals UK Ltd and Others v Stop Huntingdon Animal Cruelty and Others: QBD 27 Oct 2014
The claimant company was licensed to carry out scientific research, including research on live animals. The defendant association and its members opposed such work as cruel. The claimant had obtained an injunction to restrain the defendants harrassing protests. They now sought additional orders to protect staff members. Held: The order had provided a structure within … Continue reading Huntingdon Life Sciences Group Plc and Another v Stop Huntingdon Animal Cruelty (SHAC): QBD 15 Mar 2007
The claimant had obtained an interim injunction to restrain the defendant publishing what he said was private information about a sexual encounter. He also sought an injunction under the 1997 Act. Held: The claim succeeded: ‘there have been threats by the defendant to disclose private information concerning the claimants and harassment of them. As to … Continue reading McClaren v News Group Newspapers Ltd: QBD 5 Sep 2012
Employer can be liable for Managers Harassment The claimant employee sought damages, saying that he had been bullied by his manager and that bullying amounting to harassment under the 1997 Act. The employer now appealed a finding that it was responsible for a tort committed by a manager, saying that the intention of the Act … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: HL 12 Jul 2006
The parties were neighbours. The claimants succeeded in their assertion of trespass and nuisance in building works carried out by the defendant. The claimant appealed against the judge’s failure to award damages for harassment, saying that though the judge had found harassment, he had made no award saying that the damage was not reasonably forseeable. … Continue reading Jones and Another v Ruth and Another: CA 12 Jul 2011
Contempt sentence to reflect existing punishment The wife appealed against a sentence of imprisonment imposed for a second contempt of court. She said that the behaviour complained of had already been dealt with in criminal proceedings. Held: The sentence was reduced. The second court should be fully informed of the factors and circumstances reflected in … Continue reading Slade v Slade: CA 17 Jul 2009
The claimant a senior local authority official alleged harassment by the defendant a semi-retired solicitor publishing an online blog claiming to reveal local government actions he disproved of. The defendant now sought to strike out the claim.
The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. After three days the council completed their investigations. Though … Continue reading Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995
Judges: Simler LJ Citations: [2022] EWCA Civ 1595 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Torts – Other Updated: 21 January 2023; Ref: scu.683785
The appellant was receiving care and support from social services. He was found to have abused and threatened the team leader in telephone calls to her. He appealed against a conviction under the 1997 Act, saying that his calls did not amount to a course of conduct because on two of the three occasions, she … Continue reading James v Crown Prosecution Service: Admn 4 Nov 2009
The court addressed the principles upon which a Court will grant interlocutory injunctive relief in harassment cases. Held: Both the High Court and the County Court had jurisdiction under the 1981 and 1984 Acts to grant interlocutory injunctions in wide terms to restrain conduct that was not in itself tortuous or otherwise unlawful, if such … Continue reading Burris v Azadani: CA 27 Jul 1995
Judges: Mr Justice Griffiths Citations: [2022] EWHC 3128 (KB) Links: Bailii Statutes: Protection from Harassment Act 1997 1 3 Jurisdiction: England and Wales Media, Torts – Other, Information Updated: 12 December 2022; Ref: scu.683814
Judges: Mr Justice Tugendhat Citations: [2012] EWHC 1907 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Torts – Other Updated: 04 December 2022; Ref: scu.462543
Citations: [2000] EWCA Crim 3537 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Crime Updated: 30 November 2022; Ref: scu.331129
Whilst the law clearly allowed prosecutions under the Act after no more than two incidents of harassment, nevertheless, prosecutors should look to the reality of whether the acts complained of did in fact amount to a course of conduct under the Act. In this case, but marginally, they did. Prosecutors should look to the purpose … Continue reading Pratt v Director of Public Prosecutions: QBD 21 Jun 2001
Appeal from conviction of acting in breach of a restraining order, contrary to section 5(5) of the Protection from Harassment Act 1997 (count 1) and making threats to kill, contrary to section 16 of the Offences Against the Person Act 1861 (count 2). Judges: Goose J Citations: [2019] EWCA Crim 853 Links: Bailii Statutes: Offences … Continue reading Dillion, Regina v: CACD 11 Apr 2019
The claimant child sought damages and an injunction from and against the defendant newspapers, alleging harassment and breach of her privacy. At times there had been as many as ten reporters encamped outside her house. Judges: Nicola Davies J Citations: [2012] EWHC 2103 (QB), [2013] EMLR 2 Links: Bailii Statutes: Protection from Harassment Act 1997, … Continue reading AAA v Associated Newspapers Ltd: QBD 25 Jul 2012
Whether valid grant of leave to appeal on retirement of judge. Citations: [2018] EWCA Civ 1470, [2018] WLR(D) 396, [2018] 1 WLR 4766 Links: Bailii, WLRD Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Cited by: Cited – HRH The Duchess of Sussex v Associated Newspapers Ltd ChD 22-Mar-2021 The defendant had been … Continue reading Lisle-Mainwaring v Associated Newspapers Ltd: CA 27 Jun 2018
Claim for judicial review of the decision of the Crown Prosecution Service (‘CPS’) not to pursue the prosecution of Mr. Elliot Fogel for harassment of the applicant, Ms Claire Waxman. Judges: Moore-Bick J Citations: [2012] EWHC 133 (Admin) Links: Bailii Statutes: Protection from Harassment Act 1997 5 Jurisdiction: England and Wales Criminal Practice Updated: 07 … Continue reading Waxman, Regina (on The Application of) v Crown Prosecution Service: Admn 2 Feb 2012
The defendant appealed against his sentence of 12 months’ imprisonment for putting a person in fear of violence, together with a restraining order for 5 years under the 1997 Act. Held: The parties had been in a domestic relationship. The offender had a history of violence, but nothing recent. It is clear that the complainant … Continue reading Regina v Taylor: CACD 11 Jun 2010
The several defendants were said to have conducted against the claimants, protesting at their involvement in arms design and manufacture. The claimant sought orders under the 1997 Act to restrain them thus protecting its staff. Held: The orders were made. The test of purpose under the 1997 Act was subjective. Judges: Walker J Citations: [2005] … Continue reading EDO MBM v Axworthy: QBD 4 Nov 2005
The court had granted an injunction to restrain the defendant from flying aircraft trailing banners abusive of the claimant. He now said that this infringed his right to free speech, and that his actions were permitted by virtue of section 1(3). Held: Eady J drew from Hansard the proposition that the sub-section was framed with … Continue reading Howlett v Holding: QBD 25 Jan 2006
The defendant environmental protesters had been convicted of obstructing a railway. They now appealed against the terms of a restraining order made under the 1997 Act. They said that an order could not be made to protect a limited company. Held: The appeal was allowed. Although the case law did allow such an order in … Continue reading Buxton and Others, Regina v: CACD 1 Dec 2010
The defendant appealed against his conviction for harassment. He was said to have used an imitation firearm to put a person in fear of violence. The prosecution had used texts received to the defendant’s mobile phone as ‘bad character’ evidence. The judge had ruled that they were not statements and therefore not hearsay and were … Continue reading Regina v Chrysostomou: CACD 24 Jun 2010
Proper approach to making restraining orders Judges: Holroyde LJ, Goss, Knowles JJ Citations: [2019] EWCA Crim 1456, [2020] 4 WLR 31, [2020] WLR(D) 77, [2020] 1 Cr App R (S) 25 Links: Bailii, WLRD Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Crime Updated: 16 August 2022; Ref: scu.642591
(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord Advocate now appealed. Held: The question was a devolution issue, being ‘a question … Continue reading Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017
Dispute between family members and application for injunction under the 1997 Act. Judges: Eady J Citations: [2009] EWHC 3397 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 1(1) Jurisdiction: England and Wales Torts – Other Updated: 13 August 2022; Ref: scu.393032
Grant of injunction to restrain animal rights protesters. Judges: The Honourable Mr Justice Nicklin Citations: [2022] EWHC 1715 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Citing: See Also – MBR Acres Ltd and Others v Free The MBR Beagles and Others QBD 31-Mar-2022 . . Cited – Birmingham City … Continue reading MBR Acres Limited and Others v Free The MBR Beagles and Others: QBD 20 Jun 2022
Reason for grant of injunction to restrain demonstrations outside a school. Judges: Warby J Citations: [2019] EWHC 1619 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Citing: See Also – Birmingham City Council v Afsar and Others QBD 18-Jun-2019 The Council sought an interim order restraining a protest outside one … Continue reading Birmingham City Council v Afsar and Others: QBD 25 Jun 2019
The Act could apply to acts which were directed toward a non-stranger, such as an estranged spouse. In considering whether a ‘course of conduct’ was established, the court should consider the case law, and assess the distance between incidents. In this case, of the parties had been reconciled, and charges of assault would have been … Continue reading Regina v Hills: CACD 20 Dec 2000
The defendant was an animal rights protester who had been convicted under section 2(2) of the 1997 Act of engaging in a course of conduct amounting to harassment of the employees of a company. The District Judge hearing the case made a restraining order against him. Held: The court rejected the appellant’s primary ground (the … Continue reading Director Of Public Prosecutions v Dziurzynski: Admn 28 Jun 2002
GlaxoSmithKline sought an injunction to restrain unlawful conduct by way of trespass and harassment by animal rights activists done with the aim of preventing the use of animals in medical research. Held: The court discussed whether an order was available under the 1997 Act to protect a company. It did.Jack J said: ‘By section 5 … Continue reading Smithkline Beecham Plc and Others v Avery and Others (Representing Stop Huntingdon Cruelty (‘SHAC’): QBD 26 Jun 2009
The claimant sought an interim injunction to restrain the defendants in anticipation of a final hearing of their request for a permanent injunction under the 1997 Act. Judges: Gross J Citations: [2005] EWHC 837 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 Cited by: See Also – EDO MBM v Axworthy QBD 4-Nov-2005 The … Continue reading EDO Mbm Technology Ltd v Campaign To Smash EDO and Others: QBD 29 Apr 2005
The claimant appealed against a strike out of his claim for harrassment after being subjected to five sets of possession proceedings by the defendant, each of which relied upon the same bad point. Held: The Court refused to strike out a claim for harassment by a tenant who (in the circumstances set out in the … Continue reading Allen v London Borough of Southwark: CA 12 Nov 2008
‘On an application made without notice to the defendant on 16 September 2004, Mr Justice Simon granted an order restraining the defendant (a) pursuant to the Protection of Harassment Act 1997 from acting in relation to the claimants in a number of respects and (b) from acting in breach of certain post termination covenants in … Continue reading First Global Locums Ltd and others v Cosias: QBD 7 Jun 2005
Judges: Mrs Justice Rafferty Lord Justice Scott Baker Citations: [2005] EWHC 2612 (Admin), [2006] 1 WLR 1000 Links: Bailii Statutes: Protection from Harassment Act 1997 5 Jurisdiction: England and Wales Crime Updated: 21 July 2022; Ref: scu.235396
Harassment to Criminal Level needed to Convict The claimant had been a customer of the defendant, but had moved to another supplier. She was then subjected to a constant stream of threatening letters which she could not stop despite re-assurances and complaints. The defendant now appealed against a refusal to strike out the claim of … Continue reading Ferguson v British Gas Trading Ltd: CA 10 Feb 2009
Renewed application for permission to appeal. The claimant tenant insisted on paying his rent in cash. The council refused it and brought five sets of proceedings for possession. Each failed. Held: The appeal should proceed. Judges: Rimer LJ Citations: [2008] EWCA Civ 966 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales … Continue reading Allen v London Borough of Lambeth: CA 19 Jun 2008
Appeal against an order dismissing his without notice application for an anti-harassment injunction against the Respondent. The Judge dismissed the Application on the single ground that she did not have jurisdiction to make the order sought. The Judge appeared to have failed to consider whether she had jurisdiction by reference to section 37(1) of the … Continue reading Cant v Seton: CA 29 Jul 2020
Renewed application for leave to appeal against sentence for three offences of administering a poison or noxious substance so as to endanger life, contrary to section 23 of the Offences Against the Person Act 1861 (counts 1-3), and for child cruelty, contrary to section 1 (1) of the Children and Young Persons Act 1933 (count … Continue reading AD, Regina v: CACD 26 Jul 2019
Judges: Pittaway QC Citations: [2010] EWHC 3674 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Torts – Other Updated: 17 July 2022; Ref: scu.440199
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
Citations: [2008] EWHC 136 (Admin) Links: Bailii Statutes: Protection from Harassment Act 1997 Crime Updated: 13 July 2022; Ref: scu.264127
Appeal against conviction and sentence for harassment. Judges: Otton LJ, Hidden J, Sir Richard Tucker Citations: [2000] EWCA Crim 93 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Crime Updated: 12 July 2022; Ref: scu.263620
Citations: [2004] EWHC 3271 (Admin) Links: Bailii Statutes: Protection from Harassment Act 1997 Criminal Practice, Magistrates Updated: 12 July 2022; Ref: scu.263501
The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence. Held: The claim was struck out. In effect this was an application for … Continue reading Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007
Citations: [2009] EWCA Crim 2616 Links: Bailii Statutes: Protection from Harassment Act 1997 4(1) Jurisdiction: England and Wales Crime Updated: 10 July 2022; Ref: scu.396428
Appeal by case stated from conviction for harassment. The defendant said that for a series of actions to amount to a ‘course of conduct’ there had to be some nexus between those actions. Held: The conviction was quashed. Citations: [2000] EWHC QB 182, [2000] 1 FLR 799, [2000] Fam Law 610, [2000] Crim LR 580 … Continue reading Lau v Director of Public Prosecutions: QBD 22 Feb 2000
Appeal from sentence of 12 months imprisonment for breach of restraining order. Held: ‘Whilst accepting that this was a severe sentence, we are of the view that it was wholly justified in the context of the history of this case and the learned judge is not to be criticised at all for his imposition of … Continue reading Kasoar, Regina v: CACD 16 Jan 2002
Held: A jury’s verdict that a person with disability had done the acts charged was not an acquittal and did not allow to the court the power to make a restraining order under section 5A of the Protection from Harassment Act 1997. Judges: Sir Brian Leveson P, Openshaw, Dove JJ Citations: [2015] EWCA Crim 109, … Continue reading Chinegwundoh v Regina: CACD 20 Jan 2015
The defendants appealed by case stated from convictions for harassment of a judge who had dealt with a family dispute in which they had been involved. The court considered whether their actions were capable of amounting to harassment. Held: They were. Citations: [2019] EWHC 1110 (Admin) Links: Bailii Statutes: Protection from Harassment Act 1997 2(1) … Continue reading Hilson, McCarthy v Crown Prosecution Service: Admn 11 Apr 2019
Judges: Gage LJ Citations: [2005] EWCA Civ 1447 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Torts – Other Updated: 04 July 2022; Ref: scu.236364
Leave application Citations: [2005] EWCA Civ 1186 Links: Bailii Statutes: Protection from Harassment Act 1997 1 7 Jurisdiction: England and Wales Cited by: See also – Hammond v International Network Services UK Ltd QBD 1-Nov-2007 Peter Coulson QC J said that in order to establish harassment under the 1997 Act, there must be conduct:i) which … Continue reading Hammond v International Network Services (UK) Ltd and Another: CA 15 Sep 2005
Judges: Field J Citations: [2004] EWHC 194 (QB) Links: Bailii Statutes: Protection Against Harassment Act 1997 3 Jurisdiction: England and Wales Torts – Other Updated: 30 June 2022; Ref: scu.431905
The claimants, arms manufacturers, sought order to prevent the various defendant campaigners from actions amounting to harassment of the company’s staff. Judges: Walker J Citations: [2005] EWHC 2490 (QB) Links: Bailii Statutes: Protection From Harassment Act 1997 Jurisdiction: England and Wales Torts – Other Updated: 29 June 2022; Ref: scu.431741
The claimant appealed denial of her claim for damages for psychological injury. She complained that her employer had failed to prevent her and other female employees being bullied by a co-worker, and they committed a breach of statutory duty in failing to prevent harassment under the 1997 Act. Held: There was insufficient evidence to say … Continue reading Banks v Ablex Ltd: CA 24 Feb 2005
The defendant appealed her conviction for having breached a restraining order under the 1997 Act. The order required her not to be ‘abusive by words or actions’ towards her neighbour. She had regularly parked her car so as to block her neighbour’s visitors. She appealed saying there had been no case to answer. Held: ‘the … Continue reading Evans Dorothy, Regina v: CACD 6 Dec 2004
The defendant appealed by case stated against his conviction for harassment. He was said to have played loud music late at night in contravention of a restraining order. He said that the prosecution had failed to prove the existence of the order. The magistrates argued that since that court had made the order, no certified … Continue reading Barber v Crown Prosecution Service: Admn 25 Oct 2004
