Tag Archives: Allen

Not a Fair Cop, Guv

1906 picture of officer arresting womenFollowing the Scottish decision in Vaickuviene a couple of weeks ago, here is an English case on vicarious liability for harassment, which has also failed.

In Allen v Chief Constable of Hampshire Constabulary [2013] EWCA Civ 967, the Claimant brought a claim that the Police Force was vicariously liable for a course of conduct of harassment by a serving Police Officer. Continue reading

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Litigation may be harassment

Crown Court and County Court in Oxford.

Image via Wikipedia

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. Continue reading

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