The Protection from Harassment Act Strikes Again!

Originally intended to deal with stalkers and nuisance phone calls, the Protection of Harassment Act 1997 has been used to provide a remedy in a wide range of circumstances. For example, in a series of decisions the courts have ruled that the Act can apply to debt collection and litigation. So, British Gas was held liable under the Act when it repeatedly sent bills and threatening letters to a woman who was not, in fact, a customer of theirs, as was a local authority that repeatedly issued proceedings against a tenant relating to the same matter. In another case, three letters sent by a firm of solicitors to a former employee impugning his professional and personal integrity was ruled to amount to harassment.

In the latest case, Michael Phillips Architects Ltd. v Riklin, a firm of architects sued for its fees. By way of counterclaim, the clients made a harassment claim. This included damage to their sports car amounting to some £15,500 done by the debt collection agents employed by the firm. The Judge ruled that a person can be vicariously liable for harassment carried out by his agent even if he does not know beforehand what the agent proposes to do. In fact, the Judge took the view that in this case the firm had known about the harassment in general terms if not the specific details.

To find out more, please contact Tom Silverwood-Cope or Simon Daw.

Filed: 28/03/2011 13:48:41