Litigation may be harassment

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A recent successful judicial review is not only an example of why there is a view (which I don’t share) that a new offence of stalking is needed but also shows how failures to prosecute effectively may be challenged.

In R (on the application of Waxman) v Crown Prosecution Service [2012] EWHC 133 (Admin) which is not on BAILII yet, Claire Waxman successfully challenged the CPS decision to drop the prosecution of her stalker, Elliot Fogel, and was awarded damages for its failure to take proper measures to protect her.