header-logo header-logo

Tort—Harassment—Defence

28 March 2013
Issue: 7554 / Categories: Case law , Law digest
printer mail-detail

Hayes v Willoughby [2013] UKSC 17, [2013] All ER (D) 190 (Mar)

Supreme Court, Lord Neuberger P, Lord Mance, Lord Wilson, Lord Sumption and Lord Reed SCJJ, 20 March 2013

To establish the defence of having been engaged in a course of conduct pursued for the purpose of preventing or detecting crime, pursuant to s 1(3)(a) of the Protection from Harassment Act 1997 (PHA 1997), the test is that of rationality on the part of the alleged harasser.

Robin Allen QC and Akua Reindorf (instructed by Ginn & Co) for the claimant. Clive Wolman for the defendant.

In late 2003, the defendant embarked on a personal vendetta against the claimant. He alleged that the claimant’s management of certain companies had been characterised by fraud, embezzlement and tax evasion, and sent much correspondence to public authorities including the police. The claimant issued proceedings seeking damages for harassment and for an injunction to restrain its continuance. The judge found that the defendant’s words and acts had constituted harassment under s 7(2) of the Protection from Harassment Act 1997 (PHA 1997). He also found, however, that: (i) the defendant

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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

back-to-top-scroll