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
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
The claimant had been made bankrupt, and sought an order against his trustee under the 1997 Act. The trustee now requested that the claim be struck out. Held: The application was struck out, but the matter referred to the County Court for trial. Judges: Nugee J Citations: [2014] EWHC 4557 (Ch), [2015] BPIR 287, [2015] … Continue reading Hayes v Butters and Others: ChD 10 Dec 2014
Request by bankrupt’s former trustee for order under the 1996 Act. Judges: Nugee J Citations: [2014] EWHC 2646 (Ch) Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Torts – Other Updated: 28 March 2022; Ref: scu.592425
Judges: Irwin LJ, Holroyde J, Dickinson QC HHJ Citations: [2017] EWCA Crim 969 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Criminal Sentencing Updated: 28 March 2022; Ref: scu.591214
Judges: His Honour Judge John Toulmin CMG QC Citations: [2005] EWHC 2969 (TCC) Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Construction, Torts – Other Updated: 27 March 2022; Ref: scu.238488
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
The defendant appealed against his conviction for stalking under the 1977 Act, saying that the complainant had been put in fear on only one occasion. Held: The appeal failed: ‘a plain and natural reading of the wording of section 4A (1)(b) (i) of the Protection from Harassment Act 1997 reveals that the section is wide … Continue reading Qosja, Regina v: CACD 22 Sep 2016
The defendant appealed against his convictions under the 1977 Act. Held: Under section 1(2) the deprivation of occupation for one day was insufficient. To constitute an offence, the deprivation had to take the character of an eviction. However, the appeal against the offence under section 1(3) failed. It was sufficient to establish that the acts, … Continue reading Regina v Yuthiwattana: CACD 1984
EAT The claimant had succeeded in his claim for race discrimination. The employer appealed, saying the tribunal had misunderstood its harassment procedure so as to be wrong in law. The claimant complained of a doicument recommending fer for a refernce to the Occupational health Department. The tribunal rejected the claim as to any factual discrimination … Continue reading London Borough of Hammersmith and Fulham, G Alltimes v L Ezeonyim: EAT 7 Jun 2000
The parties, antique dealers, were in dispute and the claimant now complained alleging harassment by the defendant. Warby J [2015] EWHC 38 (QB) Bailii Protection from Harassment Act 1997 England and Wales Torts – Other Updated: 20 January 2022; Ref: scu.541400
The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences of money laundering. Clients of the firm had been arrested and convicted of drug dealing related offences. The firm was … Continue reading Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 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
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
Hudoc No violation of Art. 3; No violation of Art. 8; No violation of Art. 25-1 ‘Although the present case concerns expulsion as opposed to a decision to extradite, the Court considers that the above [Soering] principle also applies to expulsion decisions and a fortiori to cases of actual expulsion .’ 15576/89, (1991) 14 EHRR … Continue reading Cruz Varas And Others v Sweden: ECHR 20 Mar 1991
Edis J [2015] EWHC 2141 (QB) Bailii Protection from Harassment Act 1997 3(1) England and Wales Torts – Other Updated: 02 January 2022; Ref: scu.550575
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
The applicant having been discharged of offences under the 1988 Act, the Court nevertheless imposed an order on him in his absence under the 1997 Act prohibiting him from contacting the complainant for a period of 10 years. He sought to appeal from that order. Held: The procedure had indeed been unfair: ‘ The decision … Continue reading Khan, Regina v: CACD 21 Oct 2021
The appellant had been charged with an offence of putting a person in fear of violence through harassment, contrary to section 4 of the 1997 Act. She was acquitted of count 1, but the jury could not agree on its verdict on the alternative offence of harassment contrary to section 2 of the Act and … Continue reading Major, Regina v: CACD 1 Dec 2010
This appeal raises the issue of whether a post acquittal restraining order made under section 5A of the 1997 Act was properly made against the Appellant after he had been acquitted of offences of making threats to kill, assault occasioning actual bodily harm, theft and criminal damage. Held: this is an order which is imposed … Continue reading Baldwin, Regina v: CACD 14 May 2021
The Lord Chief Justice of England and Wales, Mr Justice Calvert Smith, Mr Justice Griffith Williams [2010] EWCA Crim 2955 Bailii Protection of Harassment Act 1997 5A England and Wales Crime Updated: 29 December 2021; Ref: scu.448149
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
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
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
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 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
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
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
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
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
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 . .
The claimant had lost work as a police interpreter after being accused of the harassment of a police officer. The accusation led to a ‘first harassment warning’. She sought damages alleging unlawful arrest, false iprisonment harassment and . .
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 . .
Links: Judiciary Ratio:Westminster Magistrates’ Court – The defendant faced a charge of harassment under the 1997 Act. A Ms De Freitas had laid a complaint of rape against but no further action had been taken. He began in turn proceedings alleging attempted perversion of the course of justice, during the course of which she committed … Continue reading Regina v Economou; 2 Jun 2016
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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
Citations: [2020] EWCA Crim 465 Links: Bailii Statutes: Protection from Harassment Act 1997 4A(1)(b) Jurisdiction: England and Wales Crime Updated: 22 November 2022; Ref: scu.650170
Two counts of carrying out a course of conduct amounting to stalking causing serious alarm or distress, contrary to section 4A of the Protection from Harassment Act 1997 Judges: Lord Justice William Davis Mr Justice Pepperall And Mrs Justice Foster Citations: [2022] EWCA Crim 1482 Links: Bailii Statutes: Protection from Harassment Act 1997 4A Jurisdiction: … Continue reading Musharraf v Rex: CACD 9 Nov 2022
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
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
Judges: Lord Justice Underhill (Vice-President of the Court of Appeal (Civil Division)) And Lord Justice Peter Jackson Citations: [2022] EWCA Civ 1052 Links: Bailii, Judiciary Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Jurisdiction, Torts – Other Updated: 04 August 2022; Ref: scu.679677
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
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
Judges: Toulmin CMG QC J Citations: [2006] EWHC 126 (TCC) Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Torts – Other Updated: 14 July 2022; Ref: scu.266692
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’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 non-consensual had taken place. Held: The taking of the statements was a course of conduct and was plainly … Continue reading KD v Chief Constable of Hampshire: QBD 23 Nov 2005
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
