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26 September 2014 / Stephen Gold
Issue: 7623 / Categories: Features , Civil way , Procedure & practice
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Civil Way: 26 September 2014

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

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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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