Harassment Flashcards
What is the point of reference for cases of harassment?
Protection from Harassment Act 1997
What is rule 1?
D has embarked on a course of conduct
Rule 2?
Did that course of conduct harass, or cause ‘alarm and distress’?
Rule 3
Did D intend to harass P, or was D’s conduct objectively harassing?
Rule 4
Does D have a valid defence?
Rule 5
What remedy should P claim?
Which case shows us that course of conduct must amount to two incidents that amount to harassment and not just one?
Conn v Sunderland City Council
Which case shows us that a course of conduct can be protracted but crucially it has to happen more than once?
Marinello v Edinburgh City Council
Which statue covers course of conduct?
Section 8 (3)
In which case does Lord Nicholls set out what constitutes harassing behaviour?
Majrowski v Guy and St Thomas NHS Trust
What must that behaviour amount to?
It must be oppressive and unacceptable. Or genuinely offensive and unacceptable behaviour. It must amount to criminal liability.
What case in Scots law uses the test set out by Lord Nicholls?
Dickie v Flexcon Glenrothes Ltd.
What section does this fall under in statue?
section 8
Which case shows us that intentional harassment of P can extend to a third party closely related to P?
Levis v Bates
Which case shows us objectively harassing behaviour?
Suttle v Walker
What defences are there to harassment?
A- authorisation by enactment or rule of law. B - pursued for the purpose of preventing crime. C - Was in the particular circumstances reasonable.
Which does Hayes v Willoughby tell us about defence B?
Harassment must be rationally connected to prevention of crime. D did not establish defence as he was irrational in that he kept pursuing P even though police had informed him he was wrong.
What does EDO V Campagin to Smash EDO tell us about defence B?
Need to identify victims at danger of crime and need to prove crime is immediate and imminent.
What case shows us that there is a defence if conduct is reasonable?
Kahn v Kahn
What are the remedies?
Interdict. Non-harassment Order and Damages.
Which two cannot be brought in same proceeding?
Interdict and NHO.
What is a case of neighbour harassment?
Worthington v Metropolitan Housing Trust
