Harassment Summary PDF

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Harassment Summary...

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Harassment Protection from Harassment Act 1997 1. Has D embarked upon a “course of conduct”? – at least 2 occasions - Sunderland City Council v Conn 2. Did that course of conduct harass, or cause “alarm and distress” to, P? - Majrowski v Guy’s and St Thomas’s NHS Trust - oppressive and unacceptable behaviour 3. Did D intend to harass P, or was D’s conduct objectively harassing? P must either show that D intended to harass him (i.e. a subjective component), or; If P cannot do that, P must show that D’s conduct is objectively harassing, i.e. that a reasonable observer would consider it to be harassment. S8(1) 4. Does D have a valid defence? S8(4): It shall be a defence to an action of harassment to show that the course of conduct complained of: Was authorised by, under or by virtue of any enactment or rule of law Was pursued for the purpose of preventing or detecting crime - Hayes v Willoughby Was, in the particular circumstances, reasonable - Hourani v Thomson Freedom of Speech 5. What remedy should P claim? P can seek damages for anxiety, other non-pecuniary injuries, and any financial loss (s8(5)(a); s8(6)). P also can seek an interdict or an interim interdict (s8(5)(b)(i)). The 1997 Act also provides a specific remedy in the form of the non-harassment order...