The claimant appealed denial of her claim for damages for psychological injury. She complained that her employer had failed to prevent her and other female employees being bullied by a co-worker, and they committed a breach of statutory duty in failing to prevent harassment under the 1997 Act. Held: There was insufficient evidence to say … Continue reading Banks v Ablex Ltd: CA 24 Feb 2005
The defendant appealed her conviction for having breached a restraining order under the 1997 Act. The order required her not to be ‘abusive by words or actions’ towards her neighbour. She had regularly parked her car so as to block her neighbour’s visitors. She appealed saying there had been no case to answer. Held: ‘the … Continue reading Evans Dorothy, Regina v: CACD 6 Dec 2004
The defendant appealed by case stated against his conviction for harassment. He was said to have played loud music late at night in contravention of a restraining order. He said that the prosecution had failed to prove the existence of the order. The magistrates argued that since that court had made the order, no certified … Continue reading Barber v Crown Prosecution Service: Admn 25 Oct 2004
Judges: Leveson J Citations: [2004] EWHC 2791 (Admin) Links: Bailii Statutes: Protection from Harassment Act 1997 2 Jurisdiction: England and Wales Crime Updated: 01 June 2022; Ref: scu.220123
Judges: Mr Justice Burton Citations: [2002] EWHC 1428 (Admin), (2002) 166 JP 621, [2003] ACD 4, 166 JP 621, [2003] Crim LR 45 Links: Bailii Statutes: Protection from Harassment Act 1997 4 Jurisdiction: England and Wales Crime Updated: 27 May 2022; Ref: scu.460348
Judges: Maurice Kay J, Penry-Davey J Citations: [2005] EWHC 2512 (Admin) Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Criminal Sentencing Updated: 22 May 2022; Ref: scu.235199
Citations: 2002 SLT (Sh Ct) 66 Statutes: Protection from Harassment Act 1997 Jurisdiction: Scotland Cited by: Cited – Majrowski v Guy’s and St Thomas’ NHS Trust HL 12-Jul-2006 Employer can be liable for Managers Harassment The claimant employee sought damages, saying that he had been bullied by his manager and that bullying amounting to harassment … Continue reading McGuire v Kidston: ScSf 2002
The defendant having pleaded guilty to an offence under the Act, involving repeated calls to the staff of a residential home, and having been sentenced, was also made subject to a restraining order that he should not ‘contact or communicate with any member of staff’. Held: The Act did not permit such an order, and … Continue reading Regina v Mann: CACD 6 Apr 2000
When attaching a power of arrest on a non-molestation order the court should consider attaching it only to that element which restricts violence or proximity rather than to any part relating to harassment. When considering sentence for a breach, the court should consider the full circumstances, including any mitigation, and its full range of powers, … Continue reading Hale v Tanner: CA 22 Aug 2000
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
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
The pursuer, a teacher, claimed under health and safety laws of the injury suffered working for the defenders. He said that he had also suffered harassment for which his employers were vicariously responsible. The defenders said that the action was not strictly a personal injury claim within chapter 43, since injuries under the 1997 Act … Continue reading Cunningham v Glasgow City Council: SCS 8 Aug 2008
The appellant appealed against the refusal of the Leeds Magistrates to vary or discharge a restraining order under the Protection from Harassment Act 1997. The recorder at the crown court ruled the court did not have jurisdiction to hear the appeal. Because section 5(4) was silent as to any right of appeal it was accepted … Continue reading Lee v Leeds Crown Court: 2006
Eady J [2006] EWHC 2359 (QB) Bailii Protection from Harassment Act 1997 England and Wales Defamation, Torts – Other, Human Rights Updated: 14 January 2022; Ref: scu.562786
[2020] EWCA Crim 1218 Bailii Protection from Harassment Act 1997 4 England and Wales Criminal Sentencing Updated: 21 December 2021; Ref: scu.654063
The defendant sought to appeal against a ‘stand-alone’ anti-social behaviour order. The parties disputed whether an appeal lay. The act created an appeal against the making of an order but in this case it was a renewed order. Held: In the county court there is a right of appeal against an ASBO and its variation … Continue reading Langley v Preston Crown Court and others: CACD 30 Oct 2008
The 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
Nine police officers claimed damages for alleged harassment under the 1997 Act by a senior officer in having bullied them and ordered them to carry out unlawful procedures. Amendments were sought which were alleged to be out of time and to have arisen from different facts. Held: Amendments were allowed where they arose from the … Continue reading Dowson and Others v Northumbria Police: QBD 30 Apr 2009
The claimant alleged that her manager at work had harassed her. The court, applying Conn, had found that none of the acts complained of were sufficiently serious to amount to criminal conduct, and had rejected the claim. Held: The claimant’s appeal succeeded. Since Majrowski, courts have been asked to consider whether the conduct complained of … Continue reading Veakins v Kier Islington Ltd: CA 2 Dec 2009
The defendant was an animal rights protester who had been accused under the Act of harassing the company and its employees.
Held: The act was intended to be used to protect individuals, and not companies. Two incidents were alleged, but no . .
