Harassment

Did you know that a claim for harassment can result in monetary damages being ordered to be paid to the victim and/or an injunction being imposed to prevent a person from carrying out certain acts, or requiring them to take specific action? It is also usual for the losing party to be ordered to pay a proportion of the winning party’s legal costs.

Harassment is defined in the Protection from Harassment Act 1997 as any course of conduct which alarms a person or causes them distress. For the purposes of the Act, two instances of harassing conduct will amount to a course of conduct if in relation to one person. Or where harassment is of two or more people, with the intention to persuade any person not to do something that they are entitled or required to do, or to do something that they are not under any obligation to do, only one instance of harassing conduct is required before it amounts to breach of the Act.

It is an offence to harass another and which they know, or ought to know, amounts to harassment of the other. If found guilty the court may award damages to the victim for any anxiety caused by the harassment and any financial loss suffered as a result, to be paid by the offending person. In a case from 2011 the court ordered damages of over £140,000 in connection with an extreme case of harassment, which we use as an example of why you should seek advice from our team today if you are being accused of harassment or wishing to bring a claim.

Our caring team will take you through the process, costs and possible damages and help you reach an informed decision on how you wish to proceed when faced with such a claim.

So ask yourself:

• Is someone engaging in unwanted conduct, following/stalking you?
• Are you receiving abusive or threatening calls or letters?
• Is someone trying to force you to take action you don’t want to?
• Are you being pressured into not enforcing your legal rights?

Harassment claims depend on the circumstances, interpretation of legislation and case law by the courts and can therefore be very complicated to deal with on your own.

Our team is here to assist you to understand your legal rights and the type of orders which may be made if court action is taken. We can also discuss funding options with you and guide you through the process, taking some of the stress out of what can often be long and emotional proceedings.