Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013)

Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013)

The bank's repeated and intimidatory telephone calls, despite the claimant's clear requests to desist, constituted harassment under the Protection from Harassment Act 1997. The context, frequency, and content of the calls crossed the threshold from mere annoyance to unlawful harassment. The award of £7,500 in damages was appropriate, falling within the middle Vento band for injury to feelings.

Citation
[2013] EWCA Civ 882
Parties
Claimant/respondent: Amanda Roberts; Defendant/appellant: Bank of Scotland Plc
Jurisdiction
England and Wales
Judgment Date
11 June 2013
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Harassment, Damages, Protection From Harassment Act 1997, Banking Practices, Quantum of Damages
Tort Law Banking Law Civil Procedure Harassment Damages Protection From Harassment Act 1997 Banking Practices Quantum of Damages

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Parties

Amanda Roberts

Claimant/respondent

Bank of Scotland Plc

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the bank's repeated telephone calls constituted harassment under the Protection from Harassment Act 1997
  2. 2 Whether the quantum of damages awarded was appropriate

Ratio Decidendi

The bank's repeated and intimidatory telephone calls, despite the claimant's clear requests to desist, constituted harassment under the Protection from Harassment Act 1997. The context, frequency, and content of the calls crossed the threshold from mere annoyance to unlawful harassment. The award of £7,500 in damages was appropriate, falling within the middle Vento band for injury to feelings.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Bank of Scotland Plc is dismissed on all grounds.
  • The award of £7,500 in damages to the claimant stands.