header-logo header-logo

Civil Way: 26 September 2014

26 September 2014 / Stephen Gold
Issue: 7623 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

Harassment in Court & Ouch! 

Harassment in Court

Restraint and vexatious litigant orders have their place but they fail to compensate the hapless litigant in a pecuniary way for the agony of being dragged to more civil court venues than is healthy for the organs. Fox v Hall [2014] EWHC 2747 (QB), [2014] All ER (D) 78 (Aug) (in which, incidentally, the claimant came a cropper) reminds that, as a matter of law, it is possible for litigation to constitute harassment. In Allen v Southwark London Borough Council[2008] EWCA Civ 1478, [2008] All ER (D) 113 (Nov) the Court of Appeal held that a number of wrongly issued possession proceedings could amount to harassment. And in Baron v CPS(13 June 2000, unreported) Morrison J said that if civil proceedings were being used for an ulterior purpose, namely to air legitimate grievances but to cause distress to those involved in the process, then the line may be crossed and the acts may become unlawful under the Protection from Harassment Act

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll