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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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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