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
Two alleged incidents might be sufficient to be seen as a course of conduct and found an allegation of harassment under the Act, but any distance in time between them might suggest that they could not be seen as one course of conduct. Here a separation of four months was too much, although harassment associated … Continue reading Lau v Director of Public Prosecutions: QBD 29 Mar 2000
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
The defendant appealed his conviction under the 1977 Act. Held: The judge directing a jury must require a finding that the different acts complained of had a sufficient connection with each other to form a ‘course of conduct’ within the Act. For a number of incidents to constitute a course of conduct, they must be … Continue reading Regina v Patel (Nitin): CACD 11 Nov 2004
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
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 sought to appeal against a ‘stand-alone’ anti-social behaviour order. The parties disputed whether an appeal lay. The act created an appeal against the making of an order but in this case it was a renewed order. Held: In the county court there is a right of appeal against an ASBO and its variation … Continue reading Langley v Preston Crown Court and others: CACD 30 Oct 2008
Limitation on Making of Anonymity Orders A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors … Continue reading Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998
