Search Results for: Protection From Harassment Act 1997

Click the case name for better results:

Director of Public Prosecutions v Seivanayagam; Director of Public Prosecutions v Moseley; Director of Public Prosecutions v Woodling: QBD 23 Jun 1999

Where a defendant had acted in breach of a court injunction, that conduct, almost necessarily, could not be considered as potentially reasonable for the purposes of the defence available under Protection from Harassment Act 1997. Citations: Times 23-Jun-1999 Statutes: Protection from Harassment Act 1997 1(3)(c) Crime Updated: 19 May 2022; Ref: scu.80047

McGuire v Kidston: ScSf 2002

Citations: 2002 SLT (Sh Ct) 66 Statutes: Protection from Harassment Act 1997 Jurisdiction: Scotland Cited by: 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 … Continue reading McGuire v Kidston: ScSf 2002

Pratt v Director of Public Prosecutions: Admn 2001

Citations: [2001] EWHC Admin 483 Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Cited by: 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 … Continue reading Pratt v Director of Public Prosecutions: Admn 2001

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 receive the calls at that time and they were recorded … Continue reading Kelly v Director of Public Prosecutions: Admn 2001

Director of Public Prosecutions v Dunn: QBD 1 Nov 2000

The prosecutor appealed after dismissal of the charges against the defendant as duplicitous. A neighbour couple had accused him of harassment against either or both of them. The magistrates accepted the plea on the basis that there were no two actions alleged against both or either of the couple. Held: The appeal succeeded. The use … Continue reading Director of Public Prosecutions v Dunn: QBD 1 Nov 2000

Worthington and Another v Metropolitan Housing Trust Ltd: CA 17 May 2018

Appeal by the defendant housing association against a judgment holding that the Association had unlawfully harassed two of its tenants contrary to s1 of the 1997 At. Judges: Kitchin LJ, Rose J Citations: [2018] EWCA Civ 1125 Links: Bailii Statutes: Protection from Harassment Act 1997 1 Jurisdiction: England and Wales Housing, Torts – Other Updated: … Continue reading Worthington and Another v Metropolitan Housing Trust Ltd: CA 17 May 2018

Gyh v Persons Unknown: QBD 1 Feb 2018

Application by the Claimant, GYH, for the final determination of her claim for an injunction and for damages under the Protection from Harassment Act 1997 Judges: Justice Julian Knowles Citations: [2018] EWHC 121 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Torts – Other Updated: 13 April 2022; Ref: scu.604806

Loake v Crown Prosecution Service: Admn 16 Nov 2017

Whether defence of insanity is available for a charge under section 2(1) which required no mens rea. Held: Yes. Judges: Irwin LJ, Julian Knowles J Citations: [2017] EWHC 2855 (Admin), [2017] WLR(D) 763 Links: Bailii, WLRD Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Crime Updated: 13 April 2022; Ref: scu.599704

Tuppen and Another v Microsoft Corporation Ltd and Another: QBD 15 Nov 2000

Acts within normal litigation could not normally amount to harassment under the Act. There is no definition of harassment under the Act, but the possibly wide range of meanings permitted reference to parliamentary discussions to assist with interpretation. it was clear from such a reference that the Act was intended to operate between stalkers and … Continue reading Tuppen and Another v Microsoft Corporation Ltd and Another: QBD 15 Nov 2000

Lau v Director of Public Prosecutions: QBD 29 Mar 2000

Two alleged incidents might be sufficient to be seen as a course of conduct and found an allegation of harassment under the Act, but any distance in time between them might suggest that they could not be seen as one course of conduct. Here a separation of four months was too much, although harassment associated … Continue reading Lau v Director of Public Prosecutions: QBD 29 Mar 2000

Cunningham v Glasgow City Council: SCS 8 Aug 2008

The pursuer, a teacher, claimed under health and safety laws of the injury suffered working for the defenders. He said that he had also suffered harassment for which his employers were vicariously responsible. The defenders said that the action was not strictly a personal injury claim within chapter 43, since injuries under the 1997 Act … Continue reading Cunningham v Glasgow City Council: SCS 8 Aug 2008

Regina v Kapotra: CACD 26 Jul 2011

The defendant having been found not guilty of two charges of harassment appealed against an order nevertheless preventing him from contacting the complainant, his estranged wife. Judges: Levesaon LJ, Williams, Davies JJ Citations: [2011] EWCA Crim 1843, (2011) 175 JP 378, [2011] Crim LR 890 Links: Bailii Statutes: Protection from Harassment Act 1997 5A Jurisdiction: … Continue reading Regina v Kapotra: CACD 26 Jul 2011

Merelie v Newcastle Primary Care Trust: QBD 11 Nov 2004

An harassment claim was being considered. It was suggested that a defendant sought revenge against the claimant. Judges: Eady J Citations: [2004] EWHC 2554 (QB). Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Cited by: See Also – Merelie v Newcastle Primary Care Trust QBD 21-Feb-2006 . .See Also – Merelie v Newcastle … Continue reading Merelie v Newcastle Primary Care Trust: QBD 11 Nov 2004

GYH v Persons Unknown (Responsible for The Publication of Webpages): QBD 19 Dec 2017

Application without notice to the defendant for an interim non-disclosure order to restrain what she alleges is a campaign of harassment. The campaign consists mainly of the publication of various items or categories of personal information or purported information about the claimant. These include allegations that the claimant has HIV/AIDS, and other information or purported … Continue reading GYH v Persons Unknown (Responsible for The Publication of Webpages): QBD 19 Dec 2017

Patel v Unite The Union: QBD 27 Jan 2012

The claimant, wanting to bring defamation proceedings in respect of postings on the defendant’s internet forum, sought orders for disclosure of the identities of the posters. The defendants said that the forum having been taken down, they were now unable to provide any further information. Held: The defendant had made promises to preserve the data, … Continue reading Patel v Unite The Union: QBD 27 Jan 2012

Law Society and others v Kordowski: QBD 7 Dec 2011

Claim for injunctions requiring the Defendant, the publisher of the ‘Solicitors from Hell’ website (‘the Website’), to cease publication of the Website in its entirety and to restrain him from publishing any similar website. Tugendhat J [2011] EWHC 3185 (QB) Bailii Protection from Harassment Act 1997, Data Protection Act 1998 England and Wales Cited by: … Continue reading Law Society and others v Kordowski: QBD 7 Dec 2011

Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis: SC 4 Mar 2015

Police Data Retention Justifiable The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T complained of the retention of an harassment warning issued against him. The Commissioner now appealed … Continue reading Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis: SC 4 Mar 2015

Novartis Pharmaceuticals UK Ltd and Others v Stop Huntingdon Animal Cruelty and Others: QBD 27 Oct 2014

The claimant sought permanent worldwide injunctions against the defendants to restrain them from harrassing their staff. The companies were involved in medical research involving animal experiments. Held: On the written evidence put before the court the test for summary judgment in CPR 24.2 was satisfied. McGowan J [2014] EWHC 3429 (QB) Bailii Protection from Harassment … Continue reading Novartis Pharmaceuticals UK Ltd and Others v Stop Huntingdon Animal Cruelty and Others: QBD 27 Oct 2014

Daiichi UK Ltd and others v Stop Huntingdon Animal Cruelty and Others; Asahi Glass UK ltd and others v Same; Eisaai Ltd v Same; Yam,anouchi Pharma UK Ltd and others v Same; Sankyo Pharma UK Ltd and others v Same: QBD 13 Oct 2003

The claimants sought injunctions and orders under the act against the respondent in respect of acts of harrassment intended variously to dissuade the companies form engaging in activities disapproved by the respondents. Held: The Act was not available to protect companies. Orders were granted for the individuals employed by them who had been affected, but … Continue reading Daiichi UK Ltd and others v Stop Huntingdon Animal Cruelty and Others; Asahi Glass UK ltd and others v Same; Eisaai Ltd v Same; Yam,anouchi Pharma UK Ltd and others v Same; Sankyo Pharma UK Ltd and others v Same: QBD 13 Oct 2003

QRS v Beach and Another: QBD 26 Sep 2014

The court gave its reasons for granting an interim injunction to prevent the defendants publshing materials on their web-sites which were said to harrass the claimants. Held: Whilst it was important to protect the identity of the claimants, the need for open justice was also real and the two could be reconciled by anonymisation of … Continue reading QRS v Beach and Another: QBD 26 Sep 2014

Crawford v Jenkins: CA 24 Jul 2014

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 … Continue reading Crawford v Jenkins: CA 24 Jul 2014

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 rule, because the one act that could have been relevant was … Continue reading Halcyon House Ltd v Baines and Others: QBD 11 Jul 2014

Huntingdon Life Sciences Group Plc and Another v Stop Huntingdon Animal Cruelty (SHAC): QBD 15 Mar 2007

The claimant company was licensed to carry out scientific research, including research on live animals. The defendant association and its members opposed such work as cruel. The claimant had obtained an injunction to restrain the defendants harrassing protests. They now sought additional orders to protect staff members. Held: The order had provided a structure within … Continue reading Huntingdon Life Sciences Group Plc and Another v Stop Huntingdon Animal Cruelty (SHAC): QBD 15 Mar 2007

Helen Green v DB Group Services (UK) Ltd: QBD 1 Aug 2006

The claimant sought damages from her former employers, asserting that workplace bullying and harassment had caused injury to her health. She had had a long term history of depression after being abused as a child, and the evidence was conflicting, but she said that the renewed depression arose after many low level acts of exclusion … Continue reading Helen Green v DB Group Services (UK) Ltd: QBD 1 Aug 2006

GUH v KYT: QBD 5 Jul 2021

Return date following the grant of the Claimant’s application for an injunction restraining the Defendant from attempting to contact him and from disclosing certain dealings between the parties. The Honourable Mrs Justice Collins Rice [2021] EWHC 1854 (QB) Bailii Protection from Harassment Act 1997 1 3 England and Wales Torts – Other, Information Updated: 03 … Continue reading GUH v KYT: QBD 5 Jul 2021

Smith, Regina (on The Application of) v Crown Prosecution Service: Admn 24 Nov 2010

The claimant sought judicial review of the defendant’s refusal to discontinue the prosecution of the claimant. The judge had suggested that the defendant could submit to a restraining order without a finding of guilt. The CPS had concluded that no such agreement could be reached after an acquittal on the offer of no evidence, but … Continue reading Smith, Regina (on The Application of) v Crown Prosecution Service: Admn 24 Nov 2010

Ting Lan Hong and KLM (A Child) v XYZ and Others: QBD 18 Nov 2011

The claimants, the daughter and former partner of a well known actor, sought an injunction under the 1997 Act against unknown persons to prevent them taking and publishing images taken in public places. The actor had taken a stand against media intrusion, and the claimant had received anonymous instructions to tell him to cease. This … Continue reading Ting Lan Hong and KLM (A Child) v XYZ and Others: QBD 18 Nov 2011

McClaren v News Group Newspapers Ltd: QBD 5 Sep 2012

The claimant had obtained an interim injunction to restrain the defendant publishing what he said was private information about a sexual encounter. He also sought an injunction under the 1997 Act. Held: The claim succeeded: ‘there have been threats by the defendant to disclose private information concerning the claimants and harassment of them. As to … Continue reading McClaren v News Group Newspapers Ltd: QBD 5 Sep 2012

Langley v Preston Crown Court and others: CACD 30 Oct 2008

The defendant sought to appeal against a ‘stand-alone’ anti-social behaviour order. The parties disputed whether an appeal lay. The act created an appeal against the making of an order but in this case it was a renewed order. Held: In the county court there is a right of appeal against an ASBO and its variation … Continue reading Langley v Preston Crown Court and others: CACD 30 Oct 2008

Boylin v The Christie NHS Foundation: QBD 17 Oct 2014

The claimant a senior employee manager complained of harassment and common law negligence causing her injury. Held: The claim failed. Behaviour of the level required to found a claim under the 1997 Act was established, but only on one occaion and therefore no course of conduct was shown. As to the allegation of negligence, the … Continue reading Boylin v The Christie NHS Foundation: QBD 17 Oct 2014

Kosar v Bank of Scotland Plc (T/A Halifax): Admn 18 Jan 2011

The claimant appealed against an order which had rejected his claim against the defendant under the 1997 Act on the basis that a company could not commit the offence. Held: The appeal was allowed. Under the 1978 Act, a ‘person’ included a body corporate unless the contrary was shown. The restriction created by section 7(5) … Continue reading Kosar v Bank of Scotland Plc (T/A Halifax): Admn 18 Jan 2011

Hayes v Willoughby: CA 13 Dec 2011

Harassment Occurs on the Result, not the Intention The claimant said that over several years, the respondent had pursued him in many ways challenging his management of a company’s affairs. Complaints had been investigated by the insolvency service and by the police who had discovered nothing to support futher action. The respondent said that his … Continue reading Hayes v Willoughby: CA 13 Dec 2011

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 that the intention of the Act … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: HL 12 Jul 2006

Jones and Another v Ruth and Another: CA 12 Jul 2011

The parties were neighbours. The claimants succeeded in their assertion of trespass and nuisance in building works carried out by the defendant. The claimant appealed against the judge’s failure to award damages for harassment, saying that though the judge had found harassment, he had made no award saying that the damage was not reasonably forseeable. … Continue reading Jones and Another v Ruth and Another: CA 12 Jul 2011

Rayment v Ministry of Defence: QBD 18 Feb 2010

The claimant sought damages alleging harassment by officers employed by the defendant. An internal investigation had revealed considerable poor behaviour by the senior officers, and that was followed by hostile behaviour. The defendant had put up pornographic pictures in the room only used by the claimant, and they were directed at her. Held: The claim … Continue reading Rayment v Ministry of Defence: QBD 18 Feb 2010

Huntingdon Life Sciences Group Plc Huntingdon Life Sciences Limited, Brian Cass (for and on Behalf of the Employees of the First Claimant Pursuant To Cpr Part 19.6) v Stop Huntingdon Animal Cruelty: QBD 28 May 2004

The claimant companies conducted forms of medical research to which the respondents objected, and showed their objections by a wide variety of acts and threats which the claimants sought to have stopped. The defendants sought discharge of an interim injunction. Held: The case of Burris was instructive. New powers were available including ASBOs and under … Continue reading Huntingdon Life Sciences Group Plc Huntingdon Life Sciences Limited, Brian Cass (for and on Behalf of the Employees of the First Claimant Pursuant To Cpr Part 19.6) v Stop Huntingdon Animal Cruelty: QBD 28 May 2004

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 evasion, fraud and similar. Several investigations all concluded against the appellant, and indeed disproved in 2007. … Continue reading Hayes v Willoughby: SC 20 Mar 2013

Slade v Slade: CA 17 Jul 2009

Contempt sentence to reflect existing punishment The wife appealed against a sentence of imprisonment imposed for a second contempt of court. She said that the behaviour complained of had already been dealt with in criminal proceedings. Held: The sentence was reduced. The second court should be fully informed of the factors and circumstances reflected in … Continue reading Slade v Slade: CA 17 Jul 2009

APW v WPA: QBD 8 Nov 2012

The claimant sought orders restricting publication by or on behalf of the defendant of confidential matters concerning their relationship. The defendant had refused to offer undertakings, saying that he had had no iintention to make any such disclosure. She also accused him of stalking her. He had continued to send text messages after being asked … Continue reading APW v WPA: QBD 8 Nov 2012

Dowson and Others v Northumbria Police: QBD 30 Apr 2009

Nine police officers claimed damages for alleged harassment under the 1997 Act by a senior officer in having bullied them and ordered them to carry out unlawful procedures. Amendments were sought which were alleged to be out of time and to have arisen from different facts. Held: Amendments were allowed where they arose from the … Continue reading Dowson and Others v Northumbria Police: QBD 30 Apr 2009

Calland v Financial Conduct Authority: CA 13 Mar 2015

The claimant appealed against the striking out of his claim of harassment against the Authority who had contacted him in an intended review of pensions mis-selling. They had contacted him once by letter, once by telephone and once by e-mail. Held: The judge had failed properly to make an assessment of the case, but even … Continue reading Calland v Financial Conduct Authority: CA 13 Mar 2015

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 appeal succeeded. Since Majrowski, courts have been asked to consider whether the conduct complained of … Continue reading Veakins v Kier Islington Ltd: CA 2 Dec 2009

McNally v Saunders: QBD 16 Jul 2021

The claimant a senior local authority official alleged harassment by the defendant a semi-retired solicitor publishing an online blog claiming to reveal local government actions he disproved of. The defendant now sought to strike out the claim.

Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995

The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. After three days the council completed their investigations. Though … Continue reading Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995

Burris v Azadani: CA 27 Jul 1995

The court addressed the principles upon which a Court will grant interlocutory injunctive relief in harassment cases. Held: Both the High Court and the County Court had jurisdiction under the 1981 and 1984 Acts to grant interlocutory injunctions in wide terms to restrain conduct that was not in itself tortuous or otherwise unlawful, if such … Continue reading Burris v Azadani: CA 27 Jul 1995

Savings and Investment Bank Ltd (In Liquidation) v Fincken: CA 14 Nov 2003

Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the perjury. Held: The court had to balance the competing needs of fairness and expedition. There was nothing … Continue reading Savings and Investment Bank Ltd (In Liquidation) v Fincken: CA 14 Nov 2003

Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017

(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord Advocate now appealed. Held: The question was a devolution issue, being ‘a question … Continue reading Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017

Novartis Pharmaceuticals UK Ltd and Others v Stop Huntingdon Animal Cruelty (‘SHAC’) and Others: QBD 30 Oct 2009

Judges: Sweeney J Citations: [2009] EWHC 2716 (QB) Links: Bailii Statutes: Protection against Harassment Act 1997 83 Citing: Cited – Handyside v The United Kingdom ECHR 7-Dec-1976 Freedom of Expression is Fundamental to SocietyThe appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the … Continue reading Novartis Pharmaceuticals UK Ltd and Others v Stop Huntingdon Animal Cruelty (‘SHAC’) and Others: QBD 30 Oct 2009

First Global Locums Ltd and others v Cosias: QBD 7 Jun 2005

‘On an application made without notice to the defendant on 16 September 2004, Mr Justice Simon granted an order restraining the defendant (a) pursuant to the Protection of Harassment Act 1997 from acting in relation to the claimants in a number of respects and (b) from acting in breach of certain post termination covenants in … Continue reading First Global Locums Ltd and others v Cosias: QBD 7 Jun 2005

In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Lau v Director of Public Prosecutions: QBD 22 Feb 2000

Appeal by case stated from conviction for harassment. The defendant said that for a series of actions to amount to a ‘course of conduct’ there had to be some nexus between those actions. Held: The conviction was quashed. Citations: [2000] EWHC QB 182, [2000] 1 FLR 799, [2000] Fam Law 610, [2000] Crim LR 580 … Continue reading Lau v Director of Public Prosecutions: QBD 22 Feb 2000

Wainwright and another v Home Office: HL 16 Oct 2003

The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003

Waters v Commissioner of Police for the Metropolis: HL 27 Jul 2000

A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. Her claim was struck out, but restored on appeal. Held: Her claim was arguable. It was possible that the Commissioner owed to her a similar duty as would … Continue reading Waters v Commissioner of Police for the Metropolis: HL 27 Jul 2000

North British Housing Association Ltd v Sheridan: CA 29 Jul 1999

The respondent appealed against an order for possession made on the grounds that he had been convicted of breach of an order under the 1997 Act in harassing his daughter who lived nearby the premises. The tenant argued that the agreement had incorporated a version of the Housing Act before its amendment to allow possession … Continue reading North British Housing Association Ltd v Sheridan: CA 29 Jul 1999

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 claims to be struck out. Held: The claim of harassment could not be struck out merely because … Continue reading Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another: QBD 27 Nov 2020

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 litigation between them which included boundary disputes. The victim was an employee of … Continue reading Kellett v Director of Public Prosecutions: Admn 2001

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 described in section 7 and thus the defendant must have intended to alarm the complainant … Continue reading Plavelil v Director of Public Prosecutions: Admn 2014

Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

Chattopadhyay v Headmaster of Holloway School: EAT 1981

The appellant, an Indian teacher had applied unsuccessfully for the post of head of history at Holloway School. He complained of race discrimination. Held: Browne-Wilkinson P said: ‘As has been pointed out many times, a person complaining that he has been unlawfully discriminated against faces great difficulties. There is normally not available to him any … Continue reading Chattopadhyay v Headmaster of Holloway School: EAT 1981

Imperial Chemical Industries Ltd v Shatwell: HL 6 Jul 1964

The respondent was employed as a shot firer in a quarry, and was to test the electric wiring connecting explosive charges. Contrary to instructions that testing must be done from a shelter, the respondent and another shot firer carried out a test in the open and they were both injured. Held: The employer’s appeal succeeded. … Continue reading Imperial Chemical Industries Ltd v Shatwell: HL 6 Jul 1964

Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971

Identification of Company’s Directing Mind In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store. Held: ‘In the expression ‘act or default’ in section 23 … Continue reading Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971

Sharma v Wells and Medico-Legal Investigations Ltd: QBD 2003

The court struck out a claim for damages against an employer for harassment under the 1997 Act. Judges: Gray J Citations: [2003] EWHC 1230 Statutes: Protection from Harassment Act 1977 Jurisdiction: England and Wales Cited by: Cited – Majrowski v Guy’s and St Thomas’ NHS Trust CA 16-Mar-2005 The claimant had sought damages against his … Continue reading Sharma v Wells and Medico-Legal Investigations Ltd: QBD 2003

X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995