Tag Archives: Damages

The Dream Lives On

Get Out of Jail Free Card

Play your cards right to succeed

A little while ago I reported the sad case of Monk v Cann Hall Primary School and how Mrs Monk’s hopes of securing compensation had been cruelly dashed. The good news is that hope has been rekindled on appeal.

After initially admitting liability, the School’s advisors cottoned on to the fact her claim for psychiatric injury related to her dismissal and, as no such claim may be made, they withdrew the admission and got her claim struck out into the bargain. Continue reading

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Banks Beware 2

Picture of Say No to CallsSo similar as to appear to be the same case, a few days after a bank was found to have harassed an account holder, along comes another case making the same point.

This case is Johnson v Bank of Scotland plc [2013] All ER (D) 193 (Jun) before a differently constituted Court of Appeal [actually it looks as though Jackson LJ sat on both cases] but involving the same bank (represented by different solicitors and counsel).

The procedural background is unusual but the underlying principle much the same. The bank was trying to obtain repayment of an overdraft of £1,300 (probably very much less than they will have spent on these legal proceedings) from Mrs Johnson. Continue reading

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Filed under Cases, Harassment

Banks Beware

Picture of Say No to CallsA salutary lesson was handed down by the Court of Appeal last week in Roberts v Bank of Scotland plc [2013] EWCA Civ 882 when it upheld a decision that excessive calls about an overdraft amounted to harassment.

The bank wanted to speak to Ms Roberts as she had exceeded her overdraft or credit limit. She did not want to speak to them and asked them to stop calling.The bank refused and continued to call or attempt to call her to an extraordinary degree.

Between December 2007 and May 2008, the bank made or attempted to make 547 telephone calls about her accounts. Continue reading

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Download a Table of Harassment Damages

Damages Table

This is what it looks like. Only bigger.

I have now transferred short details of all the judgments awarding damages for harassment under the PHA into a table which can be downloaded as a pdf.

The table includes links to the BAIILI report of each case where available.

The awards have been adjusted for RPI increases since the judgment and an additional column gives the 10% extra value which may apply after Easter.

I hope it proves of some value to those interested.

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Harassment Damages Update

Picture of Money

What’s the claim worth?

There have been some recent awards of damages under the PHA which will shortly be added to the list on the Harassment Damages page along with some older cases which I have unearthed. Owing to the volume of cases, the display needs some reworking but that will be a job for another day …

The most recent case is an unreported decision in the Middlesbrough County Court in December 2012 where an employee was awarded a total of £13,565 for harassment by her manager. I don’t have a copy of the judgment yet so can’t identify the period involved nor indeed how the award is made up.

A report on the Cloisters site (the very excellent Andrew Buchan represented the Claimant) says she was awarded £10,000 and £3,000 for ‘injury to feelings’ which suggests there was actual psychiatric injury as well.

Other awards which slipped under my radar earlier include the (in)famous Ken Bates case in April 2012 where he was ordered to pay £10,000 compensation to Melvyn Levi. That award reflected some psychiatric injury and was in relation to what came down to 6 incidents of broadcasting a radio message (in which listeners were asked to ring in with news of the whereabouts of Mr Levi) and an offensive article in a match program. The context was important so the full judgment should be read if there is any intention to rely on it.

In July 2011, in Mitton v Benefield, a couple were awarded £7,000 for the result of an increasingly nasty neighbour dispute. They had endured nearly 4 years of excessive scrutiny and intermittent abuse and false allegations.

In November 2004, in Wynn-Jones v Bickley (not on BAIILI) again in the context of a property dispute – this time in relation to alleged encroachment – a couple was awarded £3,000 damages for harassment over a period of about 3 months involving dumping of debris on land and use of abusive language.

Separately, there have been 2 recent judgments for damages for harassment which have overlapped with related claims.

In WXY v Gewanter & Others, highly personal information was published on the internet and threats were made to publish more. This was found to be both harassment and misuse of private information. Although the Claimant asked for separate awards, on 14 March 2013, a combined award of £24,950 was made which included £5,000 aggravated damages.

That award was practically identical to the award of £25,000 made the very next day by the same Judge, Tugendhat J, which again included £5,000 aggravated damages. In Thompson v James & Others the Claimant was found to have published 5 defamatory blog posts about the Chief Executive of Carmarthenshire council. They were found to have been harassment and the award was again combined.

 

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