The parties had divorced but acrimony continued. H now complained of his arrests after allegations from his former wife that he had breached two orders. He had been released and no charges followed. The court had ruled that W’s complaints were protected by immunity.
Held: H’s appeals failed. ‘The policy of the immunity rule applies just as much to a claim in harassment based on such a statement as it does to a claim in defamation. In my judgment Judge Baucher was right to hold that the harassment claim could not be brought on the basis of the complaint to the police or the statements made in support of that complaint. Paragraphs (c) to (e) of the particulars of harassment given in paragraph 76 of the Amended Particulars of Claim must be ignored.’
Beatson, Sharp LJJ, Sir Timothy Lloyd
[2014] EWCA Civ 1035, [2015] 1 All ER 476, [2015] 3 WLR 843, [2016] QB 231, [2014] EMLR 29
Bailii
Protection from Harassment Act 1997
England and Wales
Citing:
Cited – Roy v Prior HL 1970
The court considered an alleged tort of maliciously procuring an arrest. The plaintiff had been arrested under a bench warrant issued as a result of evidence given by the defendant. He sued the defendant for damages for malicious arrest.
Held: . .
Cited – Westcott v Westcott CA 15-Jul-2008
The defendant was the claimant’s daughter in law. In the course of a bitter divorce she made allegations to the police which were investigated but did not lead to a prosecution. The claimant appealed dismissal of his claim for defamation on the . .
Cited – Elsee v Smith 1822
The court considered a claim that a search warrant had been issued for malice. . .
Cited – Evans v London Hospital Medical College and Others 1981
The defendants employed by the first defendant carried out a post mortem on the plaintiff’s infant son. They found concentrations of morphine and told the police. The plaintiff was charged with the murder of her son. After further investigation no . .
Cited – Martin v Watson HL 13-Jul-1995
The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and charged, but at a hearing before the Magistrates’ Court, the Crown . .
Cited – Churchill v Siggers 9-Jun-1854
Lord Campbell CJ explained the basis of tortious liability for bringing proceedings maliciously and without reasonable or probable cause: ‘To put into force the process of the law maliciously and without any reasonable or probable cause is wrongful; . .
Cited – Gilding v Eyre And Another CCP 8-Jul-1861
After getting judgment against the plaintiff for a debt, and substantial repayment of it by him, the defendant issued a writ of execution for the full amount of the debt, in consequence of which the plaintiff was arrested by the sheriff’s officers. . .
Cited – Johnson v Emerson 1871
Cleasby B recognised that the tort of malicious prosecution could be committed in the malicious presentation of a winding up petition. The effect of presentation of such a petition was immediately damaging to the company which was the subject of the . .
Cited – The Walter D Wallet 1893
The vessel was arrested by a defendant who had been, but no longer was, a part owner of the vessel, having forgotten or forgotten the importance of that fact.
Held: Procuring the wrongful arrest of a ship can found a cause of action similar to . .
Cited – Clissold v Cratchley CA 1910
A solicitor had sued out a Writ of fi.fa on an order in favour of his client, unaware that the debt had been paid at the country office of the solicitor, prior to the writ being issued.
Held: An action in tort will be available for setting in . .
Cited – Gibbs and others v Rea PC 29-Jan-1998
(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided . .
Cited – Taylor and Others v Director of The Serious Fraud Office and Others HL 29-Oct-1998
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
Cited – Darker v Chief Constable of The West Midlands Police HL 1-Aug-2000
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were . .
Cited – Congentra Ag v Sixteen Thirteen Marine Sa (‘the Nicholas M’) ComC 15-Jul-2008
Applications for dismissal of interim freezing order and for continuance. Order not set aside. The claim was for a freezing order to support a claim for recovery of damage to goods being transported. The court now considered an allegation that the . .
Cited – Crawford Adjusters and Others v Sagicor General Insurance (Cayman) Ltd and Another PC 13-Jun-2013
(Cayman Islands) A hurricane had damaged property insured by the respondent company. The company employed the appellant as loss adjustor, but came to suspect advance payments recommended by him, and eventually claimed damages for deceit and . .
Cited – Singh v Moorlands Primary School and Another CA 25-Jul-2013
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian . .
Cited – Halcyon House Ltd v Baines and Others QBD 11-Jul-2014
The judge found that there was only one act which could have amounted to harassment, and since there had to be at least two to amount to a course of conduct he dismissed the claim under the Act.
Submissions were made about the witness immunity . .
Cited – 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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Family, Torts – Other
Updated: 17 December 2021; Ref: scu.535252
