The various defendants were accused of protesting repeatedly at the activities of the claimants, who sought orders under the Act to stop their protests as harassment. Held: The Act was misused by trying to use it outside the areas intended; courts will interpret the Act restrictively. The plaintiffs had had difficulty identifying the perpetrators. Burris … Continue reading Huntingdon Life Sciences Limited v Curtin; Watson; British Union for Abolition of Vivisection; Animal Liberation Front; Animal Rights Coalition and London Animal Action: CA 15 Oct 1997
‘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
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
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 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
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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 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: 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
Citations: [2020] EWCA Crim 465 Links: Bailii Statutes: Protection from Harassment Act 1997 4A(1)(b) Jurisdiction: England and Wales Crime Updated: 22 November 2022; Ref: scu.650170
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
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
Two counts of carrying out a course of conduct amounting to stalking causing serious alarm or distress, contrary to section 4A of the Protection from Harassment Act 1997 Judges: Lord Justice William Davis Mr Justice Pepperall And Mrs Justice Foster Citations: [2022] EWCA Crim 1482 Links: Bailii Statutes: Protection from Harassment Act 1997 4A Jurisdiction: … Continue reading Musharraf v Rex: CACD 9 Nov 2022
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
Judges: His Honour Judge Simon Citations: [2021] EWHC 602 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Torts – Other Updated: 10 November 2022; Ref: scu.659691
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
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 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
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
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
The claimants sought an order under the 1997 Act against their neighbours. Judges: Timothy Straker QC J Citations: [2011] EWHC 2098 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 1(1) Jurisdiction: England and Wales Torts – Other Updated: 17 September 2022; Ref: scu.442514
Judges: Carr LJ , Yip J, Judge Katz QC Citations: [2020] EWCA Crim 1774, [2021] WLR(D) 95 Links: Bailii, WLRD Statutes: Protection from Harassment Act 1997 5(5) Jurisdiction: England and Wales Crime Updated: 07 September 2022; Ref: scu.659216
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
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
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
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
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 plaintiffs intended to construct a laboratory. The defendants were an organised group of animal rights activists who objected saying that it was intended to conduct experiments on animals. Objection was made that an injunction should not properly be given in favour of a large group of unnamed persons. Judges: Ward LJ Citations: [2005] EWCA … Continue reading The Chancellor, Masters and Scholars of The University of Oxford and Others v Broughton and Others: CA 10 Feb 2005
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
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
Judges: Lord Justice Underhill (Vice-President of the Court of Appeal (Civil Division)) And Lord Justice Peter Jackson Citations: [2022] EWCA Civ 1052 Links: Bailii, Judiciary Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Jurisdiction, Torts – Other Updated: 04 August 2022; Ref: scu.679677
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
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
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
Judges: Toulmin CMG QC J Citations: [2006] EWHC 126 (TCC) Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Torts – Other Updated: 14 July 2022; Ref: scu.266692
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’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
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
The claimant sought damages saying that she had been bullied and harassed at her work as a prison officer. Citations: [2007] ScotCS CSOH – 186 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: Scotland Citing: Cited – Rorrison v West Lothian College and Lothian Regional Council OHCS 21-Jul-1999 The pursuer, a nurse, claimed that … Continue reading Robertson (Ap) v The Scottish Ministers: SCS 22 Nov 2007
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
Peter Coulson QC J said that in order to establish harassment under the 1997 Act, there must be conduct:i) which occurs on at least two occasions;ii) which is targeted at the claimant;iii) which is calculated in an objective sense to cause alarm or distress;iv) which is objectively judged to be oppressive and unreasonable. Judges: Peter … Continue reading Hammond v International Network Services UK Ltd: QBD 1 Nov 2007
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
The defendant appealed a refusal to discharge a restraining order made under the Act in 1999. The order arose from acts of harassment committed by the defendant against his former wife. The court had applied the Nottingham Justices case to say that they need not hear a second renewed application unless there had been a … Continue reading Shaw v Director of Public Prosecutions: Admn 12 Apr 2005
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
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
The claimant appealed against rejection of her claim for damages after harassment by the defendant’s officers. Citations: [2018] EWHC 2988 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 2 Jurisdiction: England and Wales Police, Torts – Other, Human Rights Updated: 13 June 2022; Ref: scu.628907
Judges: Forbes J Citations: [2004] EWHC 2454 (Admin) Links: Bailii Statutes: Protection from Harassment Act 1997 4 Jurisdiction: England and Wales Crime Updated: 10 June 2022; Ref: scu.219529
Judges: Lord Cameron of Lochbroom and Lord Caplan and Lord Kingarth Citations: [2002] ScotCS 67, 2002 SLT 592 Links: ScotC, Bailii Statutes: Protection from Harassment Act 1997 Cited by: Cited – Majrowski v Guy’s and St Thomas’ NHS Trust HL 12-Jul-2006 Employer can be liable for Managers Harassment The claimant employee sought damages, saying that … Continue reading Mccann Or Mcgurran Known As Mccann v Mcgurran: SCS 14 Mar 2002
The claimant had sued her former employer for post-traumatic stress resulting from alleged harassment at her place of work. The claimant appealed against an order refusing damages. The court had held that outside the 1997 Act which was not in force at the time, there was no tort of harassment. The question was the extent … Continue reading Wong v Parkside Health NHS Trust and Another: CA 16 Nov 2001
Where a person was put in fear of violence but the violence was directed elsewhere, that could still found an allegation, but the complainant would have to give direct evidence that she had been put in fear, and it would still have to be shown that the defendant could have expected to cause fear. The … Continue reading Regina v Director of Public Prosecutions: QBD 20 Feb 2001
Judges: Leveson J Citations: [2004] EWHC 2791 (Admin) Links: Bailii Statutes: Protection from Harassment Act 1997 2 Jurisdiction: England and Wales Crime Updated: 01 June 2022; Ref: scu.220123
Application for judicial review of decision that a child, P, was fit to stand trial on accusations of offences under the 1971 and 1997 Acts. Judges: Wright J Citations: [2002] EWHC 734 (Admin), [2002] MHLR 304, [2002] 2 Cr App R 19, [2002] Crim LR 657, (2002) 166 JP 641 Links: Bailii Statutes: Protection from … Continue reading P (A Minor), Regina (on the Application of) v Barking Youth Court: Admn 17 Apr 2002
Reasons for allowing of appeal from conviction of offence of putting someone in fear. Held: ‘The emphasis in the summing up was not on what amounts to harassment but what amounts to assault. Further direction was required as to what can be a course of conduct amounting to harassment. Description of a number of acts … Continue reading Widdows, Regina v: CACD 21 Jun 2011
The defendant appealed against his conviction under the 1977 Act. He and the complainant had been in a volatile relationship. Both were police constables. He said that though there had been incidents, they had not amounted to a course of conduct within the Act. Held: The issue is whether, on the evidence, the appellant had … Continue reading Regina v Curtis: CACD 9 Feb 2010
The defendant appealed against conviction under section 4(1) of the 1997 Act. It was not disputed that the prosecution had to prove (1) that there had been a course of conduct on the part of the appellant, (2) that the course of conduct had caused the complainant to fear on at least two occasions that … Continue reading Regina v Haque: CACD 26 Jul 2011
Claim for damages for psychiatric injury arising from his employment as a Teaching Fellow at the defendant’s Department of Management. Allegation of sexual harassment by graduate teaching assistant. Citations: [2018] EWHC 2572 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Torts – Other, Vicarious Liability Updated: 29 May 2022; Ref: … Continue reading Piepenbrock v The London School of Economics and Political Science: QBD 5 Oct 2018
The second claimant was wife to a businessman involved in football. It was said that the defendant, manager of Leeds United, together with the club and a radio station had harassed the first claimant. She was affected but not the intended victim. She appealed dismissal of her claim. Held: The 1997 Act did not require … Continue reading Levi and Another v Bates and Others: CA 12 Mar 2015
Six officers sought damages under the 1997 Act alleging harassment by a senior officer of the defendant. Held: Simon J set out what a claimant must prove in an harassment claim: ‘(1) There must be conduct which occurs on at least two occasions, (2) which is targeted at the claimant, (3) which is calculated in … Continue reading Dowson and Others v Chief Constable of Northumbria Police: QBD 20 Oct 2010
The claimant said that he had been harassed by the respondent through an employee. Held: Under the 1997 Act, the behaviour had to go beyond the regrettable to the unacceptable, and would be of such gravity as would sustain criminal liability under section 1.Buxton LJ said: ‘Crucial to that [the type of conduct that crosses … Continue reading Conn v Sunderland: CA 7 Nov 2007
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005
On the first day of the trial, the complainant was allowed to lead on matters prior to the date of the first allegation. At the adjourned hearing, with a different court clerk, the defendant was not allowed to cross examine the complainant on the same matters. The justices failed to state a case, and so … Continue reading Regina v West London Magistrates’ Court ex parte Waite: Admn 7 Jul 1999
Judges: Mr Justice Burton Citations: [2002] EWHC 1428 (Admin), (2002) 166 JP 621, [2003] ACD 4, 166 JP 621, [2003] Crim LR 45 Links: Bailii Statutes: Protection from Harassment Act 1997 4 Jurisdiction: England and Wales Crime Updated: 27 May 2022; Ref: scu.460348
Citations: [2001] EWHC Admin 483, (2001) 165 JP 800, [2002] ACD 2 Links: Bailii Statutes: Protection from Harassment Act 1997 2 Jurisdiction: England and Wales Crime Updated: 27 May 2022; Ref: scu.460347
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
The claimant sought protection under the Act from his former employers’ behaviour in making repeated allegations against him. He appealed against the striking out of his claim. Held: The appeal suceeded. The matter should go to trial. The defendants had written three letters and ‘these three letters, particularly when viewed in the light of each … Continue reading Iqbal v Dean Manson Solicitors: CA 15 Feb 2011
The publication of articles in a newspaper describing how a ‘black clerk’ had complained about the allegedly racist comments of two policemen was said to have caused the claimant to receive racist hate mail. Held: The court considered the type of conduct which had to be proved to bring the case within the statute. Publication … Continue reading Thomas v News Group Newspapers Ltd: CA 18 Jul 2001
A civilian police worker had reported officers for racist remarks. The newspaper repeatedly printed articles and encouraged correspondence which was racially motivated, to the acute distress of the complainant. Held: Repeated newspaper stories which were known to create distress, could amount to harassment under the Act. The freedom of the press could be set aside … Continue reading Thomas v News Group Newspapers Ltd and Simon Hughes: CA 18 Jul 2001
Judges: Maurice Kay J, Penry-Davey J Citations: [2005] EWHC 2512 (Admin) Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Criminal Sentencing Updated: 22 May 2022; Ref: scu.235199
The defendant appealed against his convictions for harassment. He said that since he suffered from schizophrenia, the test for whether his actions had been reasonable should be relaxed. Held: The test of whether actions constituted harassment under the Act was an objective one – would a reasonable person think it amounted to harassment? Accordingly the … Continue reading Regina v Colohan: CACD 17 May 2001
