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 defendants had written three letters and ‘these three letters, particularly when viewed in the light of each other, and especially the last two, arguably amount to a deliberate attack on the professional and personal integrity of Mr Iqbal, in an attempt to pressurise him, by his exposure to his client and/or the court, into declining to act for Mr Butt or else into advising Mr Butt to meet the demands of Dean Manson. It cannot, at any rate arguably, assist Dean Manson that such letters were written in the context of litigation and in an attempt to improve their position in that litigation, or in an attempt to raise even serious and proper questions as to possible conflicts of interest. Arguably, the letters go way beyond such concerns.’
Because the PHA is concerned with courses of conduct amounting to harassment rather than with individual acts, it is not necessary for the claimant to establish that each act making up the course of conduct amounts to harassment; instead, the focus is on the course of conduct taken as a whole (Rix LJ).
Complaints between lawyers as to the conduct of litigation can amount to harassment: ‘In sum, in my judgment, each of these letters does, when considered side by side, arguably evidence a campaign of harassment against [the claimant]. They are arguably capable of causing alarm or distress. They are arguably unreasonable, or oppressive and unreasonable, or oppressive and unacceptable, or genuinely offensive and unacceptable. Arguably, they go beyond annoyances or irritations, and beyond the ordinary banter and badinage of life. Arguably, the conduct alleged is of a gravity which could be characterised as criminal . . ‘
Judges:
Rix, Smith, Richards LLJ
Citations:
[2011] EWCA Civ 123, [2011] CP Rep 26, [2011] IRLR 428
Links:
Statutes:
Protection from Harassment Act 1997
Jurisdiction:
England and Wales
Citing:
Cited – Kelly v Director of Public Prosecutions Admn 2001
The appellant had been convicted by the magistrates of an offence under section 2 of the Act. He had made three abusive telephone calls within a few minutes of one another to the victim’s mobile, in the middle of the night. The victim did not . .
Cited – Alfred C Toepfer v Peter Cremer CA 1975
The court was asked as to the effect of a telex sent by the buyers to the sellers, notifying them that if a notice of appropriation was not received by the following day, then the buyers would treat the sellers as being in default, under clause 26 . .
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 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 – Maridive and Oil Services (SAE) and Another v CNA Insurance Company (Europe) Ltd CA 25-Mar-2002
The Civil Procedure Rules have allowed the Courts to accept an amendment to introduce a cause of action arising out of facts occurring subsequent to the commencement of the proceedings. There is no absolute rule of law or practice which precludes an . .
Cited by:
See Also – Iqbal v Mansoor and Others QBD 26-Aug-2011
The claimant sought the disapplication of the limitation period in order to pursue the defendant solicitors, his former employers, in defamation. . .
See Also – Iqbal v Dean Manson Solicitors and Others (No 2) CA 5-Mar-2013
. .
Cited – Gerrard 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.
Torts – Other
Updated: 26 May 2022; Ref: scu.428863