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All that gas

26 March 2009 / Stephen Gold
Issue: 7358 / Categories: Legal News , Company , Procedure & practice , Commercial
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Commercial

The armoury available to the debtor whose creditor goes way over the top has been extended. The Administration of Justice Act 1970, s 40 makes it a criminal offence to harass a debtor and the Malicious Communications Act 1988 (MCA 1988) criminalises the sending of a threatening letter if its purpose is to cause distress or anxiety to the recipient.

Now let the Protection from Harassment Act 1997 take a revived bow. Its civil arm was used in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46, [2009] All ER (D) 80 (Feb) by the claimant who sought not an injunction but £10,000 in damages for distress and anxiety and expenses in dealing with the defendant. The claimant left British Gas as a customer and went elsewhere.

Thereafter over a period of at least five months she received letter after letter and threat after threat from British Gas to cut off her supply, start legal proceedings against her and report her to credit reference agencies—all without justification. Telephone calls to British Gas were to no avail and mainly her letters to them received no response. She says she was brought to a considerable state of anxiety. British Gas appealed the dismissal of its application to strike her out on the basis that her particulars of claim disclosed no reasonable ground of claim. The Court of Appeal delivered a battering as it dismissed the appeal. It rejected the argument that the conduct of British Gas was not capable of amounting to harassment. The course of conduct had to be grave and the only difference between the tort and the criminal arm of MCA 1988 was as to the standard of proof required. But it was strongly arguable that the conduct relied on by the claimant was “oppressive” and “unacceptable” and so constituted harassment. The suggestion that the claimant should not have taken seriously the correspondence from British Gas because it was computer generated was given short shrift. And the incompletely argued point that there could be no corporate liability for mistakes made either by the personnel responsible for its computerised debt recovery system or by the personnel responsible for programming and operating it was given a provisional thumbs well down. Debt collection agencies beware.

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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