The claimant appealed against rejection of her claim for damages after harassment by the defendant’s officers. Citations: [2018] EWHC 2988 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 2 Jurisdiction: England and Wales Police, Torts – Other, Human Rights Updated: 13 June 2022; Ref: scu.628907
The claimant had sued her former employer for post-traumatic stress resulting from alleged harassment at her place of work. The claimant appealed against an order refusing damages. The court had held that outside the 1997 Act which was not in force at the time, there was no tort of harassment. The question was the extent … Continue reading Wong v Parkside Health NHS Trust and Another: CA 16 Nov 2001
Where a person was put in fear of violence but the violence was directed elsewhere, that could still found an allegation, but the complainant would have to give direct evidence that she had been put in fear, and it would still have to be shown that the defendant could have expected to cause fear. The … Continue reading Regina v Director of Public Prosecutions: QBD 20 Feb 2001
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 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
Application for judicial review of decision that a child, P, was fit to stand trial on accusations of offences under the 1971 and 1997 Acts. Judges: Wright J Citations: [2002] EWHC 734 (Admin), [2002] MHLR 304, [2002] 2 Cr App R 19, [2002] Crim LR 657, (2002) 166 JP 641 Links: Bailii Statutes: Protection from … Continue reading P (A Minor), Regina (on the Application of) v Barking Youth Court: Admn 17 Apr 2002
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 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
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
Reasons for allowing of appeal from conviction of offence of putting someone in fear. Held: ‘The emphasis in the summing up was not on what amounts to harassment but what amounts to assault. Further direction was required as to what can be a course of conduct amounting to harassment. Description of a number of acts … Continue reading Widdows, Regina v: CACD 21 Jun 2011
The defendant appealed against his conviction under the 1977 Act. He and the complainant had been in a volatile relationship. Both were police constables. He said that though there had been incidents, they had not amounted to a course of conduct within the Act. Held: The issue is whether, on the evidence, the appellant had … Continue reading Regina v Curtis: CACD 9 Feb 2010
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 on the part of the appellant, (2) that the course of conduct had caused the complainant to fear on at least two occasions that … Continue reading Regina v Haque: CACD 26 Jul 2011
The second claimant was wife to a businessman involved in football. It was said that the defendant, manager of Leeds United, together with the club and a radio station had harassed the first claimant. She was affected but not the intended victim. She appealed dismissal of her claim. Held: The 1997 Act did not require … Continue reading Levi and Another v Bates and Others: CA 12 Mar 2015
Six officers sought damages under the 1997 Act alleging harassment by a senior officer of the defendant. Held: Simon J set out what a claimant must prove in an harassment claim: ‘(1) There must be conduct which occurs on at least two occasions, (2) which is targeted at the claimant, (3) which is calculated in … Continue reading Dowson and Others v Chief Constable of Northumbria Police: QBD 20 Oct 2010
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
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005
On the first day of the trial, the complainant was allowed to lead on matters prior to the date of the first allegation. At the adjourned hearing, with a different court clerk, the defendant was not allowed to cross examine the complainant on the same matters. The justices failed to state a case, and so … Continue reading Regina v West London Magistrates’ Court ex parte Waite: Admn 7 Jul 1999
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
Citations: [2001] EWHC Admin 483, (2001) 165 JP 800, [2002] ACD 2 Links: Bailii Statutes: Protection from Harassment Act 1997 2 Jurisdiction: England and Wales Crime Updated: 27 May 2022; Ref: scu.460347
The claimant sought protection under the Act from his former employers’ behaviour in making repeated allegations against him. He appealed against the striking out of his claim. Held: The appeal suceeded. The matter should go to trial. The defendants had written three letters and ‘these three letters, particularly when viewed in the light of each … Continue reading Iqbal v Dean Manson Solicitors: CA 15 Feb 2011
The publication of articles in a newspaper describing how a ‘black clerk’ had complained about the allegedly racist comments of two policemen was said to have caused the claimant to receive racist hate mail. Held: The court considered the type of conduct which had to be proved to bring the case within the statute. Publication … Continue reading Thomas v News Group Newspapers Ltd: CA 18 Jul 2001
A civilian police worker had reported officers for racist remarks. The newspaper repeatedly printed articles and encouraged correspondence which was racially motivated, to the acute distress of the complainant. Held: Repeated newspaper stories which were known to create distress, could amount to harassment under the Act. The freedom of the press could be set aside … Continue reading Thomas v News Group Newspapers Ltd and Simon Hughes: CA 18 Jul 2001
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
The defendant appealed against his convictions for harassment. He said that since he suffered from schizophrenia, the test for whether his actions had been reasonable should be relaxed. Held: The test of whether actions constituted harassment under the Act was an objective one – would a reasonable person think it amounted to harassment? Accordingly the … Continue reading Regina v Colohan: CACD 17 May 2001
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
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
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
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
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 defendant appealed against the making against him of an order under the 1977 Act on his acquittal for a different substantive offence. Held: The judge is required to identify the factual basis for imposing an order and that it must not be overlooked that, absent a conviction, it may not be possible to determine … Continue reading Regina v Lawrence: CACD 2012
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
The defendant had been charged with putting somebody in fear of violence contrary to section 2 of the 1997 Act. The judge found no case to answer on the count but left it on the indictment. The defendant now appealed his conviction on the lesser charge of harassment. The charge under section 2 was not … Continue reading Regina v Livesey: CACD 15 Dec 2006
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
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
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
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
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
Citations: [2018] EWCA Civ 612 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Contempt of Court Updated: 07 April 2022; Ref: scu.608352
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 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
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
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 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
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
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
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
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
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
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
[2020] EWCA Crim 1218 Bailii Protection from Harassment Act 1997 4 England and Wales Criminal Sentencing Updated: 21 December 2021; Ref: scu.654063
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 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
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 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 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
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 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
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
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
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 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 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
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 . .
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. . .
Appeal by case stated against bail refusal. . .
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 . .
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 . .
