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Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995

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

Hall and others v Save Newchurch Guinea Pigs (Campaign) and others: QBD 17 Mar 2005

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

Burris v Azadani: CA 27 Jul 1995

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

ABC v Palmer: KBD 7 Dec 2022

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

Pratt v Director of Public Prosecutions: QBD 21 Jun 2001

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

Baron v Crown Prosection Service: 13 Jun 2000

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

Iqbal v Dean Manson Solicitors and Others (No 2): CA 5 Mar 2013

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

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

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

Hall v Fox: QBD 19 Jul 2012

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

AAA v Associated Newspapers Ltd: QBD 25 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

Savings and Investment Bank Ltd (In Liquidation) v Fincken: CA 14 Nov 2003

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

Lisle-Mainwaring v Associated Newspapers Ltd: CA 27 Jun 2018

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

Waxman, Regina (on The Application of) v Crown Prosecution Service: Admn 2 Feb 2012

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

AM v News Group Newspapers Ltd and Others: QBD 23 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

COS v PER and Another: QBD 3 Mar 2021

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

Buxton and Others, Regina v: CACD 1 Dec 2010

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

Bell, Regina v: CACD 30 Apr 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

Regina v Chrysostomou: CACD 24 Jun 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

The Chancellor, Masters and Scholars of The University of Oxford and Others v Broughton and Others: CA 10 Feb 2005

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

Awan, Regina v: CACD 6 Aug 2019

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

Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017

(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

Birmingham City Council v Afsar and Others: QBD 25 Jun 2019

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

Allen v London Borough of Southwark: CA 12 Nov 2008

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

First Global Locums Ltd and others v Cosias: QBD 7 Jun 2005

‘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

Ferguson v British Gas Trading Ltd: CA 10 Feb 2009

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

Allen v London Borough of Lambeth: CA 19 Jun 2008

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

Assistant Deputy Coroner for Inner West London v Channel 4 Television Corporation: QBD 31 Oct 2007

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

Robertson (Ap) v The Scottish Ministers: SCS 22 Nov 2007

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

Murray v Express Newspapers Plc and Another: ChD 7 Aug 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

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 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

Hilson, McCarthy v Crown Prosecution Service: Admn 11 Apr 2019

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

Hammond v International Network Services (UK) Ltd and Another: CA 15 Sep 2005

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

Shaw v Director of Public Prosecutions: Admn 12 Apr 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

Wainwright and another v Home Office: HL 16 Oct 2003

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

Mccann Or Mcgurran Known As Mccann v Mcgurran: SCS 14 Mar 2002

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

Wong v Parkside Health NHS Trust and Another: CA 16 Nov 2001

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

Regina v Director of Public Prosecutions: QBD 20 Feb 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

Waters v Commissioner of Police for the Metropolis: HL 27 Jul 2000

A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. Her claim was struck out, but restored on appeal. Held: Her claim was arguable. It was possible that the Commissioner owed to her a similar duty as would … Continue reading Waters v Commissioner of Police for the Metropolis: HL 27 Jul 2000

North British Housing Association Ltd v Sheridan: CA 29 Jul 1999

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

P (A Minor), Regina (on the Application of) v Barking Youth Court: Admn 17 Apr 2002

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

Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another: QBD 27 Nov 2020

The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the claims to be struck out. Held: The claim of harassment could not be struck out merely because … Continue reading Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another: QBD 27 Nov 2020

Kellett v Director of Public Prosecutions: Admn 2001

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

Plavelil v Director of Public Prosecutions: Admn 2014

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

Piepenbrock v The London School of Economics and Political Science: QBD 5 Oct 2018

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

Levi and Another v Bates and Others: CA 12 Mar 2015

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

Dowson and Others v Chief Constable of Northumbria Police: QBD 20 Oct 2010

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

Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

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

Regina v West London Magistrates’ Court ex parte Waite: Admn 7 Jul 1999

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

Roberts v Bank of Scotland Plc: CA 11 Jun 2013

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

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 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

Thomas v News Group Newspapers Ltd: CA 18 Jul 2001

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

Thomas v News Group Newspapers Ltd and Simon Hughes: 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

Regina v Colohan: CACD 17 May 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

Director of Public Prosecutions v Seivanayagam; Director of Public Prosecutions v Moseley; Director of Public Prosecutions v Woodling: QBD 23 Jun 1999

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

Pratt v Director of Public Prosecutions: Admn 2001

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

Kelly v Director of Public Prosecutions: Admn 2001

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

Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

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

Director of Public Prosecutions v Dunn: QBD 1 Nov 2000

The prosecutor appealed after dismissal of the charges against the defendant as duplicitous. A neighbour couple had accused him of harassment against either or both of them. The magistrates accepted the plea on the basis that there were no two actions alleged against both or either of the couple. Held: The appeal succeeded. The use … Continue reading Director of Public Prosecutions v Dunn: QBD 1 Nov 2000

Zeran v America Online: 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

Chattopadhyay v Headmaster of Holloway School: EAT 1981

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

Imperial Chemical Industries Ltd v Shatwell: HL 6 Jul 1964

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

Worthington and Another v Metropolitan Housing Trust Ltd: CA 17 May 2018

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

Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971

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

Gyh v Persons Unknown: QBD 1 Feb 2018

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

Loake v Crown Prosecution Service: Admn 16 Nov 2017

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

Tuppen and Another v Microsoft Corporation Ltd and Another: QBD 15 Nov 2000

Acts within normal litigation could not normally amount to harassment under the Act. There is no definition of harassment under the Act, but the possibly wide range of meanings permitted reference to parliamentary discussions to assist with interpretation. it was clear from such a reference that the Act was intended to operate between stalkers and … Continue reading Tuppen and Another v Microsoft Corporation Ltd and Another: QBD 15 Nov 2000

Regina v Kapotra: CACD 26 Jul 2011

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