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

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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