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12 May 2011
Issue: 7465 / Categories: Case law , Law digest
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Harassment

Kosar v Bank of Scotland plc trading as Halifax [2011] EWHC 1050 (Admin), [2011] All ER (D) 08 (May)

The Interpretation Act 1978 provided that, unless a contrary intention was shown, the word “person” included a body corporate or incorporate. Section 7(5) of the Protection from Harassment Act 1997 clearly constituted a contrary intention. Consequently, s 7(5) of the 1997 Act only applied to a victim and not to the perpetrator of the act because the words “references to a person, in the context of harassment of the person” were references to a person who was an individual. Section 7(5) of the 1997 Act only changed the rule of the 1978 Act as it applied to “harassment of a person”. That meant a victim.

The provision specifically did not apply to a perpetrator, with the result that the presumption in the 1978 Act still applied, and that had not been ousted. Had Parliament contended that only individuals could be liable as perpetrators, then s 7(5) of the 1997 Act would have been clearly drafted to that effect. Further, had

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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