Iqbal v Dean Manson Solicitors [2011] EWCA Civ 123, [2011] All ER (D) 163 (Feb)
Court of Appeal, Civil Division, Rix, Smith and Richards LJJ, 15 Feb 2011
A partnership can be a defendant to a civil action under s 3 of the Protection from Harassment Act 1997 (PFH 1997).
The claimant appeared in person. Christopher Brown (instructed by Thompson & Co Solicitors) for the defendant.
The claimant worked as an assistant solicitor for the defendant firm. In January 2009 the defendant issued proceedings against three defendants. Meanwhile the claimant had left and set up his own firm, and was instructed to act in the proceedings by one defendant. The defendant then wrote a series of three letters to the claimant’s firm, for the attention of the claimant.
There was only one full partner of the defendant whose name at that time was on its stationery. The three letters made allegations against the claimant’s professional and personal integrity, and stated that he had been summarily dismissed for his “continued insubordination and reckless conduct”. After receiving the second letter the claimant brought proceedings under PFH 1997.
