Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009)

Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009)

The conduct alleged by Ms Ferguson—persistent, unjustified billing and threats by British Gas after her account was closed—is capable of amounting to harassment under the Protection from Harassment Act 1997, and the claim should not be struck out. The Act does not require identification of a specific individual within the company for liability; a corporation can be liable if it knew or ought to have known the conduct amounted to harassment.

Citation
[2009] EWCA Civ 46
Parties
Claimant/respondent: Lisa Maria Angela Ferguson; Defendant/appellant: British Gas Trading Ltd
Jurisdiction
England and Wales
Judgment Date
10 February 2009
Procedural Posture
Appeal (civil) / Appeal From High Court Refusal to Strike Out Claim
Outcome
Appeal dismissed
Legal Topics
Harassment, Corporate Liability, Strike Out Applications, Protection From Harassment Act 1997
Tort Law Consumer Law Civil Procedure Harassment Corporate Liability Strike Out Applications Protection From Harassment Act 1997

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Parties

Lisa Maria Angela Ferguson

Claimant/respondent

British Gas Trading Ltd

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal From High Court Refusal to Strike Out Claim

Legal Issues

  1. 1 Whether the conduct alleged against British Gas is capable of amounting to harassment under the Protection from Harassment Act 1997
  2. 2 Whether a corporation can be liable for harassment under the Act without pleading a 'directing mind' or vicarious liability for a specific employee

Ratio Decidendi

The conduct alleged by Ms Ferguson—persistent, unjustified billing and threats by British Gas after her account was closed—is capable of amounting to harassment under the Protection from Harassment Act 1997, and the claim should not be struck out. The Act does not require identification of a specific individual within the company for liability; a corporation can be liable if it knew or ought to have known the conduct amounted to harassment.

Court Disposition

Appeal dismissed

Orders

  • British Gas to pay Ms Ferguson's costs of the appeal and the hearing below