header-logo header-logo

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

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll