Site icon swarb.co.uk

APW v WPA: QBD 8 Nov 2012

The claimant sought orders restricting publication by or on behalf of the defendant of confidential matters concerning their relationship. The defendant had refused to offer undertakings, saying that he had had no iintention to make any such disclosure. She also accused him of stalking her. He had continued to send text messages after being asked not to.
Held: Though the messages may have caused distress, and it was arguable that harassment had occurred, the coincidence of turing up at restaurants at the same time as her was not harassment: ‘Where a couple have broken up, one party to the relationship cannot complain that the other party simply goes to restaurants or other public places where the first one is, or may be, present, but then leaves immediately when requested to do so.’
Any further repetition of the text messages or similar would run a very clear risk of constituting harassment for which the claimant might receive damages. That was a sufficient remedy in this case.

Tugendhat J
[2012] EWHC 3151 (QB)
Bailii
Protection from Harassment Act 1997
England and Wales
Citing:
CitedThomas 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 . .

Lists of cited by and citing cases may be incomplete.

Media, Information, Torts – Other

Leading Case

Updated: 31 October 2021; Ref: scu.465688

Exit mobile version