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 steps taken to prevent the commission of criminal offences was designed to protect officials charged with responsibility for such acts, not individuals. The defendant’s exercise of his right to freedom of expression could equally amount to harassment. ‘To keep someone on tenterhooks, knowing that she is likely to be watched as she goes about her daily life, seems to me remarkably cruel. Just because she does not know, in any given instance, that surveillance is taking place, it does not make it any the less distressing for her. What causes the distress is the awareness that secret surveillance is taking place, or is likely to take place at any moment. I see no reason why that form of besetting should fall outside either the spirit or the letter of the Act.’ The injunction was granted.

Judges:

Eady J

Citations:

Times 08-Jan-2006, [2006] EWHC 41

Links:

Bailii

Statutes:

European Convention on Human Rights 10, Protection from Harassment Act 1997 1(3)

Jurisdiction:

England and Wales

Cited by:

CitedCallaghan v Independent News and Media Ltd QBNI 7-Jan-2009
callaghan_inmQBNI2009
The claimant was convicted in 1987 of a callous sexual murder. He sought an order preventing the defendant newspaper publishing anything to allow his or his family’s identification and delay his release. The defendant acknowledged the need to avoid . .
CitedGerrard and Another v Eurasian Natural Resources Corporation Ltd and Another QBD 27-Nov-2020
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 . .
CitedGerrard and Another v Eurasian Natural Resources Corporation Ltd and Another QBD 27-Nov-2020
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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Torts – Other

Updated: 29 May 2022; Ref: scu.240085