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 the surveillance was covert: ‘on the one hand, a person cannot be guilty of stalking unless they are also guilty of harassment; and, on the other hand, in order to be guilty of stalking their course of conduct must in addition involve ‘acts or omissions [which] are ones associated with stalking’. Further, the acts which are associated with stalking include (among other things): (1) following a person, (2) monitoring the use by a person of the internet, email or any other form of electronic communication, and (3) watching or spying on a person.’
Judges:
Richard Spearman QC
Citations:
[2020] EWHC 3241 (QB)
Links:
Statutes:
Protection from Harassment Act2A 3 1997
Jurisdiction:
England and Wales
Citing:
Cited – John v Rees and Others; Martin and Another v Davis and Others ChD 1969
The Court was asked as to the validity of proceedings at a meeting of the members of the local Labour Party which had broken up in disorder. The proceedings were instituted by the leader of one faction on behalf of himself and all other members of . .
Cited – Tilling v Whiteman HL 8-Mar-1979
The plaintiff owner of a property had commenced proceedings to recover the property from the defendant tenants. The plaintiff then applied to have a particular provision of the 1968 Act interpreted as a preliminary issue of law under O 33 r 2.
Cited – Re S-W (Children) CA 30-Jan-2015
Appeal from care orders: ‘The judge’s approach could not have been more robust. He sought to justify such an approach on the basis that recent family justice reforms and case law. There is a need for the Court of Appeal to consider whether such a . .
Cited – Moroney v Anglo-European College of Chiropractice CA 1-Nov-2009
The claimant appealed saying that on an application under Rule 3.4, the judge had without forewarning him struck out his case under part 24.
Held: There is an overlap between the summary judgment and strike out jurisdictions to the extent that . .
Cited – Easyair Ltd (T/A Openair) v Opal Telecom Ltd ChD 2-Mar-2009
Principles Applicable on Summary Judgment Request
The court considered an application for summary judgment.
Held: Lewison J set out the principles: ‘the court must be careful before giving summary judgment on a claim. The correct approach on applications by defendants is, in my judgment, as . .
Cited – SPI North Ltd v Swiss Post International (UK) Ltd and Another ChD 7-Dec-2020
The test to be applied on an opposed application to amend is the same as the test to be applied to an application for summary judgment (i.e. whether the proposed new claim has a real prospect of success) . .
Cited – Benyatov v Credit Suisse Securities (Europe) Ltd QBD 22-Jan-2020
‘it is not appropriate to strike out a claim in an area of developing jurisprudence, since, in such areas, decisions as to novel points of law should be based on actual findings of fact’ . .
Cited – Willers v Joyce and Another (Re: Gubay (Deceased) No 1) SC 20-Jul-2016
Parties had been involved in an action for wrongful trading. This was not persisted with but the claimant sought damages saying that the action was only part of a campaign to do him harm. This appeal raised the question whether the tort of malicious . .
Cited – 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 . .
Cited – 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, . .
Cited – Howlett v Holding QBD 25-Jan-2006
The claimant sought an injunction against the defendant who had taken to flying airplanes above her house trailing banners making allegations against her, and also to making surveillance of her.
Held: The defence under the 1997 Act excusing . .
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 he had been bullied by his manager and that bullying amounting to harassment under the 1997 Act. The employer now appealed a finding that it was responsible for a tort committed by a manager, saying . .
Cited – 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 . .
Cited – Hayes v Willoughby SC 20-Mar-2013
The claimant and appellant had been employer and employee who had fallen out, with a settlement in 2005. The appellant then began an unpleasant and obsessive personal vendetta against Mr Hayes, complaining to public bodies with allegations of tax . .
Cited – 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. . .
Cited – 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 . .
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 . .
Cited – Regina v Curtis CACD 9-Feb-2010
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 . .
Cited – 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 . .
Cited – Veakins v Kier Islington Ltd CA 2-Dec-2009
The claimant alleged that her manager at work had harassed her. The court, applying Conn, had found that none of the acts complained of were sufficiently serious to amount to criminal conduct, and had rejected the claim.
Held: The claimant’s . .
Cited – Howlett v Holding QBD 25-Jan-2006
The claimant sought an injunction against the defendant who had taken to flying airplanes above her house trailing banners making allegations against her, and also to making surveillance of her.
Held: The defence under the 1997 Act excusing . .
Cited – 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 . .
Cited – Widdows, Regina v CACD 21-Jun-2011
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 . .
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 on the part of the appellant, (2) that the course of conduct had caused . .
Cited – 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 . .
Cited – International Businesss Machines Corporation and Another v Web-Sphere Ltd and others ChD 17-Mar-2004
The claimant had registered trade marks under the name websphere, and accused the defendant of infringement using the name with a hyphen.
Held: The claim suceeded. As to the requirement for calculation of damages, ‘the word ‘calculated’ should . .
Cited – Cruddas v Calvert and Others QBD 31-Jul-2013
Judgment on the second stage of the trial of a claim for libel and malicious falsehood.
Held: Tugendhat J adopted the meaning ‘more likely than not to cause pecuniary damage’ for ‘calculated to’. . .
Cited – Fage UK Ltd and Another v Chobani Uk Ltd and Another ChD 26-Mar-2013
Extended passing-off case about yoghurt. The main issue was whether, by the beginning of September 2012, the phrase ‘Greek yoghurt’ had, when used in the UK marketplace, come to have attached to it a sufficient reputation and goodwill as denoting a . .
Cited – Cream Holdings Limited and others v Banerjee and others HL 14-Oct-2004
On her dismissal from the claimant company, Ms Banerjee took confidential papers revealing misconduct to the local newspaper, which published some. The claimant sought an injunction to prevent any further publication. The defendants argued that the . .
Cited – LJY v Person(s) Unkown QBD 11-Dec-2017
Calim for alleged blackmail by defendants . .
Cited – BVC v EWF QBD 26-Sep-2019
Application by the Claimant for summary judgment in a claim for misuse of private information and harassment. The privacy claim arises from internet publication, on a website created by the Defendant, of his account of his relationship with the . .
Cited – Canada Goose UK Retail Ltd and Another v Unknown Persons CA 5-Mar-2020
‘This appeal concerns the way in which, and the extent to which, civil proceedings for injunctive relief against ‘persons unknown’ can be used to restrict public protests.’ . .
Cited – Khan (Formerly JMO) v Khan (Formerly KTA) QBD 15-Feb-2018
Claim for harassment within family dispute. . .
Cited – Hourani v Thomson and Others QBD 10-Mar-2017
Warby J identified the three issues on which the claimant bore the burden of proof in relation to each defendant on a claim of harassment as: (1) Did the defendant engage in a course of conduct? (2) Did any such course of conduct amount to . .
Lists of cited by and citing cases may be incomplete.
Information, Torts – Other, Litigation Practice
Updated: 30 May 2022; Ref: scu.656439