header-logo header-logo

Tort—Harassment—Defence

28 March 2013
Issue: 7554 / Categories: Case law , Law digest
printer mail-detail

Hayes v Willoughby [2013] UKSC 17, [2013] All ER (D) 190 (Mar)

Supreme Court, Lord Neuberger P, Lord Mance, Lord Wilson, Lord Sumption and Lord Reed SCJJ, 20 March 2013

To establish the defence of having been engaged in a course of conduct pursued for the purpose of preventing or detecting crime, pursuant to s 1(3)(a) of the Protection from Harassment Act 1997 (PHA 1997), the test is that of rationality on the part of the alleged harasser.

Robin Allen QC and Akua Reindorf (instructed by Ginn & Co) for the claimant. Clive Wolman for the defendant.

In late 2003, the defendant embarked on a personal vendetta against the claimant. He alleged that the claimant’s management of certain companies had been characterised by fraud, embezzlement and tax evasion, and sent much correspondence to public authorities including the police. The claimant issued proceedings seeking damages for harassment and for an injunction to restrain its continuance. The judge found that the defendant’s words and acts had constituted harassment under s 7(2) of the Protection from Harassment Act

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
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
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
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll