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
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
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 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
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
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
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
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
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
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
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
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 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
‘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
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
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
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 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
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
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
Citations: [2008] EWHC 136 (Admin) Links: Bailii Statutes: Protection from Harassment Act 1997 Crime Updated: 13 July 2022; Ref: scu.264127
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
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
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
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: 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
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 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
The respondent appealed against an order for possession made on the grounds that he had been convicted of breach of an order under the 1997 Act in harassing his daughter who lived nearby the premises. The tenant argued that the agreement had incorporated a version of the Housing Act before its amendment to allow possession … Continue reading North British Housing Association Ltd v Sheridan: CA 29 Jul 1999
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
The appellant appealed by case stated against the dismissal of his appeal against his conviction by the magistrates’ court of harassment contrary to section 2 of the PHA. The appellant and the victim were neighbours, and there was a history of civil litigation between them which included boundary disputes. The victim was an employee of … Continue reading Kellett v Director of Public Prosecutions: Admn 2001
Moses LJ said: ‘The Crown Court was undoubtedly correct to follow the guidance of the Court of Appeal in R v Haque. The three requirements identified include as a second requirement the conduct must be calculated to produce the consequences described in section 7 and thus the defendant must have intended to alarm the complainant … Continue reading Plavelil v Director of Public Prosecutions: Admn 2014
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
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 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
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
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
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
Citations: [2001] EWHC Admin 483 Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Cited by: Cited – Regina v Haque CACD 26-Jul-2011 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 … Continue reading Pratt v Director of Public Prosecutions: Admn 2001
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
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
The appellant had been convicted by the magistrates of an offence under section 2 of the Act. He had made three abusive telephone calls within a few minutes of one another to the victim’s mobile, in the middle of the night. The victim did not receive the calls at that time and they were recorded … Continue reading Kelly v Director of Public Prosecutions: Admn 2001
The defendant appealed against the making against him of an order under the 1977 Act on his acquittal for a different substantive offence. Held: The judge is required to identify the factual basis for imposing an order and that it must not be overlooked that, absent a conviction, it may not be possible to determine … Continue reading Regina v Lawrence: CACD 2012
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006
(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 defendant had been charged with putting somebody in fear of violence contrary to section 2 of the 1997 Act. The judge found no case to answer on the count but left it on the indictment. The defendant now appealed his conviction on the lesser charge of harassment. The charge under section 2 was not … Continue reading Regina v Livesey: CACD 15 Dec 2006
The appellant, an Indian teacher had applied unsuccessfully for the post of head of history at Holloway School. He complained of race discrimination. Held: Browne-Wilkinson P said: ‘As has been pointed out many times, a person complaining that he has been unlawfully discriminated against faces great difficulties. There is normally not available to him any … Continue reading Chattopadhyay v Headmaster of Holloway School: EAT 1981
The respondent was employed as a shot firer in a quarry, and was to test the electric wiring connecting explosive charges. Contrary to instructions that testing must be done from a shelter, the respondent and another shot firer carried out a test in the open and they were both injured. Held: The employer’s appeal succeeded. … Continue reading Imperial Chemical Industries Ltd v Shatwell: HL 6 Jul 1964
Appeal by the defendant housing association against a judgment holding that the Association had unlawfully harassed two of its tenants contrary to s1 of the 1997 At. Judges: Kitchin LJ, Rose J Citations: [2018] EWCA Civ 1125 Links: Bailii Statutes: Protection from Harassment Act 1997 1 Jurisdiction: England and Wales Housing, Torts – Other Updated: … Continue reading Worthington and Another v Metropolitan Housing Trust Ltd: CA 17 May 2018
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
Application by the Claimant, GYH, for the final determination of her claim for an injunction and for damages under the Protection from Harassment Act 1997 Judges: Justice Julian Knowles Citations: [2018] EWHC 121 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Torts – Other Updated: 13 April 2022; Ref: scu.604806
Whether defence of insanity is available for a charge under section 2(1) which required no mens rea. Held: Yes. Judges: Irwin LJ, Julian Knowles J Citations: [2017] EWHC 2855 (Admin), [2017] WLR(D) 763 Links: Bailii, WLRD Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Crime Updated: 13 April 2022; Ref: scu.599704
Citations: [2018] EWCA Civ 612 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Contempt of Court Updated: 07 April 2022; Ref: scu.608352
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
The defendant having been found not guilty of two charges of harassment appealed against an order nevertheless preventing him from contacting the complainant, his estranged wife. Judges: Levesaon LJ, Williams, Davies JJ Citations: [2011] EWCA Crim 1843, (2011) 175 JP 378, [2011] Crim LR 890 Links: Bailii Statutes: Protection from Harassment Act 1997 5A Jurisdiction: … Continue reading Regina v Kapotra: CACD 26 Jul 2011
An harassment claim was being considered. It was suggested that a defendant sought revenge against the claimant. Judges: Eady J Citations: [2004] EWHC 2554 (QB). Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Cited by: See Also – Merelie v Newcastle Primary Care Trust QBD 21-Feb-2006 . .See Also – Merelie v Newcastle … Continue reading Merelie v Newcastle Primary Care Trust: QBD 11 Nov 2004
Application without notice to the defendant for an interim non-disclosure order to restrain what she alleges is a campaign of harassment. The campaign consists mainly of the publication of various items or categories of personal information or purported information about the claimant. These include allegations that the claimant has HIV/AIDS, and other information or purported … Continue reading GYH v Persons Unknown (Responsible for The Publication of Webpages): QBD 19 Dec 2017
The claimant had been made bankrupt, and sought an order against his trustee under the 1997 Act. The trustee now requested that the claim be struck out. Held: The application was struck out, but the matter referred to the County Court for trial. Judges: Nugee J Citations: [2014] EWHC 4557 (Ch), [2015] BPIR 287, [2015] … Continue reading Hayes v Butters and Others: ChD 10 Dec 2014
Judges: His Honour Judge John Toulmin CMG QC Citations: [2005] EWHC 2969 (TCC) Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Construction, Torts – Other Updated: 27 March 2022; Ref: scu.238488
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
The defendant appealed against his conviction for stalking under the 1977 Act, saying that the complainant had been put in fear on only one occasion. Held: The appeal failed: ‘a plain and natural reading of the wording of section 4A (1)(b) (i) of the Protection from Harassment Act 1997 reveals that the section is wide … Continue reading Qosja, Regina v: CACD 22 Sep 2016
The defendant appealed against his convictions under the 1977 Act. Held: Under section 1(2) the deprivation of occupation for one day was insufficient. To constitute an offence, the deprivation had to take the character of an eviction. However, the appeal against the offence under section 1(3) failed. It was sufficient to establish that the acts, … Continue reading Regina v Yuthiwattana: CACD 1984
The parties, antique dealers, were in dispute and the claimant now complained alleging harassment by the defendant. Warby J [2015] EWHC 38 (QB) Bailii Protection from Harassment Act 1997 England and Wales Torts – Other Updated: 20 January 2022; Ref: scu.541400
The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences of money laundering. Clients of the firm had been arrested and convicted of drug dealing related offences. The firm was … Continue reading Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012
Claim for injunctions requiring the Defendant, the publisher of the ‘Solicitors from Hell’ website (‘the Website’), to cease publication of the Website in its entirety and to restrain him from publishing any similar website. Tugendhat J [2011] EWHC 3185 (QB) Bailii Protection from Harassment Act 1997, Data Protection Act 1998 England and Wales Cited by: … Continue reading Law Society and others v Kordowski: QBD 7 Dec 2011
Hudoc No violation of Art. 3; No violation of Art. 8; No violation of Art. 25-1 ‘Although the present case concerns expulsion as opposed to a decision to extradite, the Court considers that the above [Soering] principle also applies to expulsion decisions and a fortiori to cases of actual expulsion .’ 15576/89, (1991) 14 EHRR … Continue reading Cruz Varas And Others v Sweden: ECHR 20 Mar 1991
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
Police Data Retention Justifiable The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T complained of the retention of an harassment warning issued against him. The Commissioner now appealed … Continue reading Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis: SC 4 Mar 2015
The applicant having been discharged of offences under the 1988 Act, the Court nevertheless imposed an order on him in his absence under the 1997 Act prohibiting him from contacting the complainant for a period of 10 years. He sought to appeal from that order. Held: The procedure had indeed been unfair: ‘ The decision … Continue reading Khan, Regina v: CACD 21 Oct 2021
The appellant had been charged with an offence of putting a person in fear of violence through harassment, contrary to section 4 of the 1997 Act. She was acquitted of count 1, but the jury could not agree on its verdict on the alternative offence of harassment contrary to section 2 of the Act and … Continue reading Major, Regina v: CACD 1 Dec 2010
This appeal raises the issue of whether a post acquittal restraining order made under section 5A of the 1997 Act was properly made against the Appellant after he had been acquitted of offences of making threats to kill, assault occasioning actual bodily harm, theft and criminal damage. Held: this is an order which is imposed … Continue reading Baldwin, Regina v: CACD 14 May 2021
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 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
The court gave its reasons for granting an interim injunction to prevent the defendants publshing materials on their web-sites which were said to harrass the claimants. Held: Whilst it was important to protect the identity of the claimants, the need for open justice was also real and the two could be reconciled by anonymisation of … Continue reading QRS v Beach and Another: QBD 26 Sep 2014