header-logo header-logo

Harassment

12 May 2011
Issue: 7465 / Categories: Case law , Law digest
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll