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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 controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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