Harassment and Trespass to the Person

Liability for Harassment

  • General Rule: Prohibits a course of conduct which amounts to harassment of another, which the defendant (D) knows or ought to know amounts to harassment.
  • Course of Conduct: Defined as conduct on at least two occasions in relation to the complainant. Conduct includes speech.
  • Legal Standard: Conduct must cause alarm or distress and must be "oppressive and unacceptable/unreasonable" as established in Majrowski v Guy’s and St Thomas’s NHS Trust [2006] UKHL 34.
  • Standard of Knowledge: D "ought to know" if a reasonable person in possession of the same information would think the conduct amounted to harassment.

Examples and Remedies

  • Case Examples:   - Cheryl Cole’s claim against the press.   - Roberts v Bank of Scotland [2013] EWCA Civ 882: Liability found after 547 calls regarding a credit limit despite the claimant (C) requesting they stop.
  • Remedies: Injunctions and damages for anxiety and financial loss.
  • Jones v Ruth [2011] EWCA Civ 804: established there is no foreseeability requirement; D is liable for harm flowing from their deliberate conduct.

Defences to Harassment

  • Statutory Defences: No liability if conduct was for preventing/detecting crime, authorized by law, or reasonable in the circumstances.
  • Hayes v Willoughby [2013] UKSC 17: The Supreme Court ruled that conduct pursued to prevent or detect crime must be "rational."

Trespass to the Person

  • Torts and Protected Interests:   - Battery: Unlawful physical contact.   - Assault: Threat of violence.   - False Imprisonment: Deprivation of liberty.   - Protects bodily/mental integrity and freedom of movement.
  • General Characteristics:   - Must be committed intentionally; negligent harm is handled under negligence claims (Letang v Cooper [1965] 1 QB 232).   - Must cause direct and immediate interference with C’s rights.   - Actionable per se (without proof of damage).

Battery

  • Definition: Defined in Collins v Wilcock [1984] 1 WLR 1172 as "the actual infliction of unlawful force on another person."
  • Elements of Liability:   - Intention to act.   - Application of direct and immediate force.   - The contact is unlawful.