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
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
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
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
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
Appeal from conviction of harassment [2018] EWHC 3567 (Admin) Bailii Protection from Harassment Act 1997 4A England and Wales Crime Updated: 30 November 2021; Ref: scu.632101
Nicol J [2009] EWHC 1726 (Ch) Bailii Protection from Harassment Act 1997 England and Wales Torts – Other Updated: 22 November 2021; Ref: scu.347722
Appeal by a bank against an order made against it in proceedings for unlawful harassment. Held: Appeal dismissed. Lloyd, Jackson, Beatson LJJ [2013] EWCA Civ 982 Bailii Protection from Harassment Act 1997 England and Wales Torts – Other, Banking Updated: 19 November 2021; Ref: scu.514390
The claimant a former PhD student sought substantial damages alleging harassment by her supervisor, employed by the defendant. Held: The claim failed. The claimant had become fixated, and those working alongside both partes, whilst recognising the supervisor’s sometimes abrupt manner, did not support the allegations. Hamblen J [2013] EWHC 2438 (QB) Bailii Protection of Harassment … Continue reading Saha v Imperial College of Science, Technology and Medicine: QBD 7 Aug 2013
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were stayed as an abuse of process. The plaintiffs then instituted civil proceedings alleging conspiracy to injure and … Continue reading Darker v Chief Constable of The West Midlands Police: HL 1 Aug 2000
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
The absence of any other explanation for the unfair dismissal of a black worker, does not of itself and inescapably lead to finding of race bias, or racial discrimination. He had been dismissed following complaints of sexual harassment, later found to be unsupported. The tribunal reasoned that the dismissal was to be presumed to be … Continue reading Strathclyde Regional Council v Zafar; Zafar v Glasgow City Council: HL 16 Oct 1997
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
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
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
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
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
UTIAC (1) There is no general duty of disclosure on the Secretary of State in asylum appeals generally or Country Guidance cases in particular. The extent of the Secretary of State’s obligation is set out in R v SSHD ex p Kerrouche No 1 [1997] Imm AR 610, as explained in R (ota Cindo) v … Continue reading CM (Em Country Guidance; Disclosure) Zimbabwe CG: UTIAC 31 Jan 2013
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
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
The plaintiff sought damages from his employer after suffering injury when a co-worker fired a shot in the colliery, acting in breach of the regulations. Held: There was no vicarious liability duty in law on the managers to ensure compliance by their workers to the regulations. Lord MacDermott (obiter) said: ‘The fireman in doing his … Continue reading Harrison v National Coal Board: HL 1951
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later trial of others. The plaintiff sought damages in defamation. Held: The documents which … Continue reading Taylor and Others v Director of The Serious Fraud Office and Others: HL 29 Oct 1998
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
The claimants alleged that a connection between a member of the Restrictive Practices Court, who was to hear a complaint and another company, disclosed bias against them. She had not recused herself. Held: When asking whether material circumstances in a case might give rise to a reasonable apprehension of bias, the test was whether objectively … Continue reading In Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association: CA 21 Dec 2000
The defendant had been acquitted of having a bladed article in a public pace, and now appealed against the making of a restraining order against him under the 1977 Act. Held: The appeal succeeded: ‘the requirements of the making of a restraining order under section 5A were not made out in this case. The test … Continue reading Jose, Regina v: CACD 23 May 2013
Anticipating a refusal by H to disclose assets in ancillary relief proceedings, W’s brothers wrongfully accessed H’s computers to gather information. The court was asked whether the rule in Hildebrand remained correct. W appealed against an order restraining her use of the information obtained, saying that ‘the law which protects Mr Imerman’s confidential information and … Continue reading Tchenguiz and Others v Imerman: CA 29 Jul 2010
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
Limitation on Making of Anonymity Orders A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors … Continue reading Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998
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
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 restraint which had been imposed infringed the human right of free speech. When the 1998 Act was brought in, … Continue reading Cream Holdings Limited and others v Banerjee and others: HL 14 Oct 2004
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit her enjoyment of her land. Held: The interference with TV reception by an … Continue reading Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997
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
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
Need for Advocate’s Immunity from Negligence The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence. Held: The House considered the immunity from suit of barristers acting in court. An advocate should remain immune … Continue reading Rondel v Worsley: HL 1967
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
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
Request for final anti-harassment injunction against the Defendant. . .
A court asked to sentence for contempt of court is not sentencing for the criminal equivalent of what the contemnor has done, and ‘Great care must be taken, if there are concurrent criminal or civil proceedings, to ensure that sentences in two or . .
When sentencing for harassment, the court must look to previous failures to obey court orders, the defendant’s mental health, and his readiness to undergo treatment, as well as the seriousness of the conduct constituting the harassment. ‘For a . .
The respondent had been sentenced to two months imprisonment for breaches of orders under the Act. The wife appealed, seeking to increase the sentence. The maximum sentence was two years.
Held: The court had to consider such cases in the light . .
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 . .
Whether the judge below was wrong to extend, by a further 10 years, a restraining order imposed following the Appellant’s conviction in 2010, in circumstances where no breach of the order had occurred during the intervening period. . .
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.
Appeal by case stated against bail refusal. . .
Breach of restraint order . .
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
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Judges: Mr Justice Griffiths Citations: [2022] EWHC 3128 (KB) Links: Bailii Statutes: Protection from Harassment Act 1997 1 3 Jurisdiction: England and Wales Media, Torts – Other, Information Updated: 12 December 2022; Ref: scu.683814
Judges: Simler LJ Citations: [2022] EWCA Civ 1595 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Torts – Other Updated: 21 January 2023; Ref: scu.683785
The appellant was receiving care and support from social services. He was found to have abused and threatened the team leader in telephone calls to her. He appealed against a conviction under the 1997 Act, saying that his calls did not amount to a course of conduct because on two of the three occasions, she … Continue reading James v Crown Prosecution Service: Admn 4 Nov 2009
Citations: [2000] EWCA Crim 3537 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Crime Updated: 30 November 2022; Ref: scu.331129
The several defendants were said to have conducted against the claimants, protesting at their involvement in arms design and manufacture. The claimant sought orders under the 1997 Act to restrain them thus protecting its staff. Held: The orders were made. The test of purpose under the 1997 Act was subjective. Judges: Walker J Citations: [2005] … Continue reading EDO MBM v Axworthy: QBD 4 Nov 2005
The court had granted an injunction to restrain the defendant from flying aircraft trailing banners abusive of the claimant. He now said that this infringed his right to free speech, and that his actions were permitted by virtue of section 1(3). Held: Eady J drew from Hansard the proposition that the sub-section was framed with … Continue reading Howlett v Holding: QBD 25 Jan 2006
Judges: Mr Justice Jay Citations: [2022] EWHC 1960 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 3 Jurisdiction: England and Wales Torts – Other Updated: 19 August 2022; Ref: scu.679727
Grant of injunction to restrain animal rights protesters. Judges: The Honourable Mr Justice Nicklin Citations: [2022] EWHC 1715 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Citing: See Also – MBR Acres Ltd and Others v Free The MBR Beagles and Others QBD 31-Mar-2022 . . Cited – Birmingham City … Continue reading MBR Acres Limited and Others v Free The MBR Beagles and Others: QBD 20 Jun 2022
The Act could apply to acts which were directed toward a non-stranger, such as an estranged spouse. In considering whether a ‘course of conduct’ was established, the court should consider the case law, and assess the distance between incidents. In this case, of the parties had been reconciled, and charges of assault would have been … Continue reading Regina v Hills: CACD 20 Dec 2000
The defendant was an animal rights protester who had been convicted under section 2(2) of the 1997 Act of engaging in a course of conduct amounting to harassment of the employees of a company. The District Judge hearing the case made a restraining order against him. Held: The court rejected the appellant’s primary ground (the … Continue reading Director Of Public Prosecutions v Dziurzynski: Admn 28 Jun 2002
GlaxoSmithKline sought an injunction to restrain unlawful conduct by way of trespass and harassment by animal rights activists done with the aim of preventing the use of animals in medical research. Held: The court discussed whether an order was available under the 1997 Act to protect a company. It did.Jack J said: ‘By section 5 … Continue reading Smithkline Beecham Plc and Others v Avery and Others (Representing Stop Huntingdon Cruelty (‘SHAC’): QBD 26 Jun 2009
The claimant sought an interim injunction to restrain the defendants in anticipation of a final hearing of their request for a permanent injunction under the 1997 Act. Judges: Gross J Citations: [2005] EWHC 837 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 Cited by: See Also – EDO MBM v Axworthy QBD 4-Nov-2005 The … Continue reading EDO Mbm Technology Ltd v Campaign To Smash EDO and Others: QBD 29 Apr 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
Judges: Mrs Justice Rafferty Lord Justice Scott Baker Citations: [2005] EWHC 2612 (Admin), [2006] 1 WLR 1000 Links: Bailii Statutes: Protection from Harassment Act 1997 5 Jurisdiction: England and Wales Crime Updated: 21 July 2022; Ref: scu.235396
Appeal against an order dismissing his without notice application for an anti-harassment injunction against the Respondent. The Judge dismissed the Application on the single ground that she did not have jurisdiction to make the order sought. The Judge appeared to have failed to consider whether she had jurisdiction by reference to section 37(1) of the … Continue reading Cant v Seton: CA 29 Jul 2020
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
Appeal against conviction and sentence for harassment. Judges: Otton LJ, Hidden J, Sir Richard Tucker Citations: [2000] EWCA Crim 93 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Crime Updated: 12 July 2022; Ref: scu.263620
Citations: [2004] EWHC 3271 (Admin) Links: Bailii Statutes: Protection from Harassment Act 1997 Criminal Practice, Magistrates Updated: 12 July 2022; Ref: scu.263501
The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence. Held: The claim was struck out. In effect this was an application for … Continue reading Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007
Citations: [2009] EWCA Crim 2616 Links: Bailii Statutes: Protection from Harassment Act 1997 4(1) Jurisdiction: England and Wales Crime Updated: 10 July 2022; Ref: scu.396428
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
Judges: Gage LJ Citations: [2005] EWCA Civ 1447 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Torts – Other Updated: 04 July 2022; Ref: scu.236364
Judges: Field J Citations: [2004] EWHC 194 (QB) Links: Bailii Statutes: Protection Against Harassment Act 1997 3 Jurisdiction: England and Wales Torts – Other Updated: 30 June 2022; Ref: scu.431905
The claimants, arms manufacturers, sought order to prevent the various defendant campaigners from actions amounting to harassment of the company’s staff. Judges: Walker J Citations: [2005] EWHC 2490 (QB) Links: Bailii Statutes: Protection From Harassment Act 1997 Jurisdiction: England and Wales Torts – Other Updated: 29 June 2022; Ref: scu.431741
The claimant appealed denial of her claim for damages for psychological injury. She complained that her employer had failed to prevent her and other female employees being bullied by a co-worker, and they committed a breach of statutory duty in failing to prevent harassment under the 1997 Act. Held: There was insufficient evidence to say … Continue reading Banks v Ablex Ltd: CA 24 Feb 2005
The defendant appealed her conviction for having breached a restraining order under the 1997 Act. The order required her not to be ‘abusive by words or actions’ towards her neighbour. She had regularly parked her car so as to block her neighbour’s visitors. She appealed saying there had been no case to answer. Held: ‘the … Continue reading Evans Dorothy, Regina v: CACD 6 Dec 2004
The defendant appealed by case stated against his conviction for harassment. He was said to have played loud music late at night in contravention of a restraining order. He said that the prosecution had failed to prove the existence of the order. The magistrates argued that since that court had made the order, no certified … Continue reading Barber v Crown Prosecution Service: Admn 25 Oct 2004
Judges: Leveson J Citations: [2004] EWHC 2791 (Admin) Links: Bailii Statutes: Protection from Harassment Act 1997 2 Jurisdiction: England and Wales Crime Updated: 01 June 2022; Ref: scu.220123
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
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
The claimant said that he had been harassed by the respondent through an employee. Held: Under the 1997 Act, the behaviour had to go beyond the regrettable to the unacceptable, and would be of such gravity as would sustain criminal liability under section 1.Buxton LJ said: ‘Crucial to that [the type of conduct that crosses … Continue reading Conn v Sunderland: CA 7 Nov 2007
Judges: Mr Justice Burton Citations: [2002] EWHC 1428 (Admin), (2002) 166 JP 621, [2003] ACD 4, 166 JP 621, [2003] Crim LR 45 Links: Bailii Statutes: Protection from Harassment Act 1997 4 Jurisdiction: England and Wales Crime Updated: 27 May 2022; Ref: scu.460348
Judges: Maurice Kay J, Penry-Davey J Citations: [2005] EWHC 2512 (Admin) Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Criminal Sentencing Updated: 22 May 2022; Ref: scu.235199
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
The defendant having pleaded guilty to an offence under the Act, involving repeated calls to the staff of a residential home, and having been sentenced, was also made subject to a restraining order that he should not ‘contact or communicate with any member of staff’. Held: The Act did not permit such an order, and … Continue reading Regina v Mann: CACD 6 Apr 2000
When attaching a power of arrest on a non-molestation order the court should consider attaching it only to that element which restricts violence or proximity rather than to any part relating to harassment. When considering sentence for a breach, the court should consider the full circumstances, including any mitigation, and its full range of powers, … Continue reading Hale v Tanner: CA 22 Aug 2000
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
The appellant appealed against the refusal of the Leeds Magistrates to vary or discharge a restraining order under the Protection from Harassment Act 1997. The recorder at the crown court ruled the court did not have jurisdiction to hear the appeal. Because section 5(4) was silent as to any right of appeal it was accepted … Continue reading Lee v Leeds Crown Court: 2006
Eady J [2006] EWHC 2359 (QB) Bailii Protection from Harassment Act 1997 England and Wales Defamation, Torts – Other, Human Rights Updated: 14 January 2022; Ref: scu.562786
[2020] EWCA Crim 1218 Bailii Protection from Harassment Act 1997 4 England and Wales Criminal Sentencing Updated: 21 December 2021; Ref: scu.654063
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 the identification, but disputed the extent of the restriction to be given. Held: The order … Continue reading Callaghan v Independent News and Media Ltd: QBNI 7 Jan 2009
The claimants said they had been subjected to harassment and violence from non-state agents in their home country of Lithuania, and sought asylum. Held: It was for the person claiming the protection of the Convention provisions for ill-treatment to show that the country would not provide them with adequate protection against non-state agents. It was … Continue reading Bagdanavicius and Another, Regina (on the Application of) v: HL 26 May 2005
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
The defendant was an animal rights protester who had been accused under the Act of harassing the company and its employees.
Held: The act was intended to be used to protect individuals, and not companies. Two incidents were alleged, but no . .