Conn v City of Sunderland [2007] EWCA Civ 1492 (07 November 2007)

Conn v City of Sunderland [2007] EWCA Civ 1492 (07 November 2007)

The conduct in the first incident did not cross the threshold into criminal harassment as required by the Act, and thus there were not two incidents sufficient to constitute a 'course of conduct'; the recorder erred in law by not applying the correct threshold. The appeal was allowed and the claim dismissed.

Citation
[2007] EWCA Civ 1492
Parties
Respondent/claimant: Conn; Appellant/defendant: The Council of the City of Sunderland
Jurisdiction
England and Wales
Judgment Date
07 November 2007
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed; claim dismissed
Legal Topics
Harassment, Vicarious Liability, Damages, Protection From Harassment Act 1997
Employment Law Tort Law Harassment Vicarious Liability Damages Protection From Harassment Act 1997

Case Brief

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Parties

Conn

Respondent/claimant

The Council of the City of Sunderland

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the conduct of Mr Dryden amounted to harassment under the Protection from Harassment Act 1997
  2. 2 Whether the incidents constituted a 'course of conduct' sufficient for liability
  3. 3 Whether the employer was vicariously liable for the conduct

Ratio Decidendi

The conduct in the first incident did not cross the threshold into criminal harassment as required by the Act, and thus there were not two incidents sufficient to constitute a 'course of conduct'; the recorder erred in law by not applying the correct threshold. The appeal was allowed and the claim dismissed.

Court Disposition

Appeal allowed; claim dismissed

Orders

  • Appeal allowed
  • Recorder's order set aside