BAL v KNZ (Rev1) [2026] EWHC 339 (KB) (18 February 2026)

BAL v KNZ (Rev1) [2026] EWHC 339 (KB) (18 February 2026)

The County Court judge erred by failing to address material allegations made by the appellant regarding incidents on 29 September 2021 and 3 March 2024, which were relevant to determining whether a course of conduct amounting to harassment was established under the Protection from Harassment Act 1997. This omission was material and rendered the decision wrong for the purposes of CPR 52.21(3).

Citation
[2026] EWHC 339 (KB)
Parties
Appellant/claimant: BAL; Respondent/defendant: KNZ
Jurisdiction
England and Wales
Judgment Date
18 February 2026
Procedural Posture
Civil Appeal (protection From Harassment Act 1997) / High Court Appeal From County Court Judgment
Outcome
Appeal allowed; County Court order set aside in part; new trial ordered on specified allegations.
Legal Topics
Appeals, Fresh Evidence on Appeal, Protection From Harassment Act 1997, Injunctions, Judicial Error, Course of Conduct
Civil Procedure Harassment Injunctions Appeals Fresh Evidence on Appeal Protection From Harassment Act 1997 Judicial Error Course of Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

BAL

Appellant/claimant

KNZ

Respondent/defendant

Procedural Posture

Civil Appeal (protection From Harassment Act 1997) / High Court Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the County Court judge failed to consider material allegations relevant to a course of conduct under the Protection from Harassment Act 1997
  2. 2 Whether the refusal to grant an injunction was wrong in law or fact
  3. 3 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The County Court judge erred by failing to address material allegations made by the appellant regarding incidents on 29 September 2021 and 3 March 2024, which were relevant to determining whether a course of conduct amounting to harassment was established under the Protection from Harassment Act 1997. This omission was material and rendered the decision wrong for the purposes of CPR 52.21(3).

Court Disposition

Appeal allowed; County Court order set aside in part; new trial ordered on specified allegations.

Orders

  • Order of HHJ Robinson dated 2 December 2024 set aside except for preserved factual findings on three incidents.
  • New trial ordered on allegations relating to 29 September 2021 and 3 March 2024.