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Civil Way: 26 September 2014

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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