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Civil way: 5 July 2013

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
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