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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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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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