Search Results for: Protection of Harassment Act 1997

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Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another: QBD 27 Nov 2020

The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the claims to be struck out. Held: The claim of harassment could not be struck out merely because … Continue reading Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another: QBD 27 Nov 2020

Kellett v Director of Public Prosecutions: Admn 2001

The appellant appealed by case stated against the dismissal of his appeal against his conviction by the magistrates’ court of harassment contrary to section 2 of the PHA. The appellant and the victim were neighbours, and there was a history of civil litigation between them which included boundary disputes. The victim was an employee of … Continue reading Kellett v Director of Public Prosecutions: Admn 2001

Plavelil v Director of Public Prosecutions: Admn 2014

Moses LJ said: ‘The Crown Court was undoubtedly correct to follow the guidance of the Court of Appeal in R v Haque. The three requirements identified include as a second requirement the conduct must be calculated to produce the consequences described in section 7 and thus the defendant must have intended to alarm the complainant … Continue reading Plavelil v Director of Public Prosecutions: Admn 2014

Piepenbrock v The London School of Economics and Political Science: QBD 5 Oct 2018

Claim for damages for psychiatric injury arising from his employment as a Teaching Fellow at the defendant’s Department of Management. Allegation of sexual harassment by graduate teaching assistant. Citations: [2018] EWHC 2572 (QB) Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Torts – Other, Vicarious Liability Updated: 29 May 2022; Ref: … Continue reading Piepenbrock v The London School of Economics and Political Science: QBD 5 Oct 2018

Levi and Another v Bates and Others: CA 12 Mar 2015

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

Dowson and Others v Chief Constable of Northumbria Police: QBD 20 Oct 2010

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

Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

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

Regina v West London Magistrates’ Court ex parte Waite: Admn 7 Jul 1999

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

Roberts v Bank of Scotland Plc: CA 11 Jun 2013

The bank appealed against a finding that it had harassed the claimant customer by its repeated telephone calls. Held: The appeal failed as to liability and quantum.Harassment can occur even if the conduct in question is, at first sight, commonplace or unremarkable. Judges: Arden, Jackson, McCombe LJJ Citations: [2013] EWCA Civ 882 Links: Bailii Statutes: … Continue reading Roberts v Bank of Scotland Plc: CA 11 Jun 2013

Iqbal v Dean Manson Solicitors: CA 15 Feb 2011

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

Thomas v News Group Newspapers Ltd: CA 18 Jul 2001

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

Thomas v News Group Newspapers Ltd and Simon Hughes: CA 18 Jul 2001

A civilian police worker had reported officers for racist remarks. The newspaper repeatedly printed articles and encouraged correspondence which was racially motivated, to the acute distress of the complainant. Held: Repeated newspaper stories 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

Regina v Colohan: CACD 17 May 2001

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

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

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

McGuire v Kidston: ScSf 2002

Citations: 2002 SLT (Sh Ct) 66 Statutes: Protection from Harassment Act 1997 Jurisdiction: Scotland Cited by: Cited – Majrowski v Guy’s and St Thomas’ NHS Trust HL 12-Jul-2006 Employer can be liable for Managers Harassment The claimant employee sought damages, saying that he had been bullied by his manager and that bullying amounting to harassment … Continue reading McGuire v Kidston: ScSf 2002

Pratt v Director of Public Prosecutions: Admn 2001

Citations: [2001] EWHC Admin 483 Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Cited by: Cited – Regina v Haque CACD 26-Jul-2011 The defendant appealed against conviction under section 4(1) of the 1997 Act. It was not disputed that the prosecution had to prove (1) that there had been a course of conduct … Continue reading Pratt v Director of Public Prosecutions: Admn 2001

Kelly v Director of Public Prosecutions: Admn 2001

The appellant had been convicted by the magistrates of an offence under section 2 of the Act. He had made three abusive telephone calls within a few minutes of one another to the victim’s mobile, in the middle of the night. The victim did not receive the calls at that time and they were recorded … Continue reading Kelly v Director of Public Prosecutions: Admn 2001

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

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

Director of Public Prosecutions v Dunn: QBD 1 Nov 2000

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

Chattopadhyay v Headmaster of Holloway School: EAT 1981

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

Imperial Chemical Industries Ltd v Shatwell: HL 6 Jul 1964

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

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

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

Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971

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

Gyh v Persons Unknown: QBD 1 Feb 2018

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

Loake v Crown Prosecution Service: Admn 16 Nov 2017

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

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

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

Lau v Director of Public Prosecutions: QBD 29 Mar 2000

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

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

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

Cunningham v Glasgow City Council: SCS 8 Aug 2008

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

Regina v Kapotra: CACD 26 Jul 2011

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

Merelie v Newcastle Primary Care Trust: QBD 11 Nov 2004

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

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

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

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

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

Regina v Yuthiwattana: CACD 1984

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

London Borough of Hammersmith and Fulham, G Alltimes v L Ezeonyim: EAT 7 Jun 2000

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

Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012

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

Patel v Unite The Union: QBD 27 Jan 2012

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

Law Society and others v Kordowski: QBD 7 Dec 2011

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

Cruz Varas And Others v Sweden: ECHR 20 Mar 1991

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

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

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

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

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

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

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

QRS v Beach and Another: QBD 26 Sep 2014

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

Crawford v Jenkins: CA 24 Jul 2014

The parties had divorced but acrimony continued. H now complained of his arrests after allegations from his former wife that he had breached two orders. He had been released and no charges followed. The court had ruled that W’s complaints were protected by immunity. Held: H’s appeals failed. ‘The policy of the immunity rule applies … Continue reading Crawford v Jenkins: CA 24 Jul 2014

Halcyon House Ltd v Baines and Others: QBD 11 Jul 2014

The judge found that there was only one act which could have amounted to harassment, and since there had to be at least two to amount to a course of conduct he dismissed the claim under the Act.Submissions were made about the witness immunity rule, because the one act that could have been relevant was … Continue reading Halcyon House Ltd v Baines and Others: QBD 11 Jul 2014

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

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

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

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

GUH v KYT: QBD 5 Jul 2021

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

Darker v Chief Constable of The West Midlands Police: HL 1 Aug 2000

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

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

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

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

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

McClaren v News Group Newspapers Ltd: QBD 5 Sep 2012

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

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

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

Boylin v The Christie NHS Foundation: QBD 17 Oct 2014

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

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

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

CM (Em Country Guidance; Disclosure) Zimbabwe CG: UTIAC 31 Jan 2013

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

Hayes v Willoughby: CA 13 Dec 2011

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

Majrowski v Guy’s and St Thomas’ NHS Trust: HL 12 Jul 2006

Employer can be liable for Managers Harassment The claimant employee sought damages, saying that he had been bullied by his manager and that bullying amounting to harassment under the 1997 Act. The employer now appealed a finding that it was responsible for a tort committed by a manager, saying that the intention of the Act … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: HL 12 Jul 2006

Harrison v National Coal Board: HL 1951

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

Taylor and Others v Director of The Serious Fraud Office and Others: HL 29 Oct 1998

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

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

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

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 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

Rayment v Ministry of Defence: QBD 18 Feb 2010

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

Tchenguiz and Others v Imerman: CA 29 Jul 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

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

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

Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998

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

Hayes v Willoughby: SC 20 Mar 2013

The claimant and appellant had been employer and employee who had fallen out, with a settlement in 2005. The appellant then began an unpleasant and obsessive personal vendetta against Mr Hayes, complaining to public bodies with allegations of tax evasion, fraud and similar. Several investigations all concluded against the appellant, and indeed disproved in 2007. … Continue reading Hayes v Willoughby: SC 20 Mar 2013

Callaghan v Independent News and Media Ltd: QBNI 7 Jan 2009

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

Bagdanavicius and Another, Regina (on the Application of) v: HL 26 May 2005

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