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04 July 2013
Issue: 7567 / Categories: Features , Civil way
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Civil way: 5 July 2013

Judicial review: the fast show

“It’s for you” x 547

The Protection from Harassment Act 1997 (PFHA 1997) is an effective weapon in the armoury of the victim of nuisance creditors. In Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46, [2009] All ER (D) 80 (Feb) the claimant left British Gas and over five months thereafter was subjected to letter after letter and threat after threat to cut off her supply, start legal proceedings and report her to credit reference agencies—all without justification. She said she was brought to a considerable state of anxiety. The Court of Appeal refused to strike out her PFHA 1997 claim for damages. The conduct was capable of amounting to harassment in that it was oppressive and unacceptable.

Now in Roberts v Bank of Scotland plc [2013] All ER (D) 88 (Jun) the Court of Appeal has just upheld a PFHA 1997 award of £7,500 to the claimant customer of RBS who had exceeded her overdraft or credit limit on one of more of her accounts. Although

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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