The defendant appealed an order under the 1997 Act saying that it was akin to an order made under the 1998 Act where proof was required to a criminal standard, and that the court had applied only the civil standard.
Held: There was a real distinction between the two Acts. The civil standard of proof was sufficient to protect a defendant to harassment proceedings.
Standard of proof on applying for injunction under the 1997 Act.
Judges:
Tugendhat J
Citations:
Times 11-Jan-2005, [2004] EWHC 2901 (QB), [2005] Fam Law 453, [2005] ACD 67, [2005] 2 FLR 174
Links:
Statutes:
Protection from Harassment Act 1997 3, Crime and Disorder Act 1998 1
Jurisdiction:
England and Wales
Cited by:
Cited – KD v Chief Constable of Hampshire QBD 23-Nov-2005
The claimant’s daughter had made a complaint of rape. She alleged that she was sexually harassed by the investigating police officer, and sought damages also from the defendant, his employer. The officer denied that anything improper or . .
Lists of cited by and citing cases may be incomplete.
Family, Torts – Other, Family
Updated: 12 July 2022; Ref: scu.347401