Worthington & Anor v Metropolitan Housing Trust Ltd [2018] EWCA Civ 1125 (17 May 2018)

Worthington & Anor v Metropolitan Housing Trust Ltd [2018] EWCA Civ 1125 (17 May 2018)

The Association's course of conduct, consisting of repeated threats of possession and injunction proceedings based on unfounded and inadequately investigated allegations, was oppressive and unacceptable. The conduct went beyond mere carelessness or disproportionate action and amounted to harassment under the Protection from Harassment Act 1997. The judge was entitled to find that a reasonable person in possession of the same information would have considered the conduct to be harassment.

Citation
[2018] EWCA Civ 1125
Parties
Claimant/respondent: Mr Colin Worthington; Claimant/respondent: Ms Lynda Parkin; Defendant/appellant: Metropolitan Housing Trust Ltd
Jurisdiction
England and Wales
Judgment Date
17 May 2018
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed; judgment for claimants/respondents affirmed.
Legal Topics
Harassment, Protection From Harassment Act 1997, Landlord and Tenant, Damages, Possession Proceedings
Tort Law Housing Law Civil Procedure Harassment Protection From Harassment Act 1997 Landlord and Tenant Damages Possession Proceedings

Case Brief

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Parties

Mr Colin Worthington

Claimant/respondent

Ms Lynda Parkin

Claimant/respondent

Metropolitan Housing Trust Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the conduct of the Metropolitan Housing Trust Ltd amounted to harassment under s.1 of the Protection from Harassment Act 1997
  2. 2 Whether the course of conduct was reasonable under s.1(3)(c) of the 1997 Act
  3. 3 Whether the threats of possession and injunction proceedings constituted oppressive and unacceptable conduct

Ratio Decidendi

The Association's course of conduct, consisting of repeated threats of possession and injunction proceedings based on unfounded and inadequately investigated allegations, was oppressive and unacceptable. The conduct went beyond mere carelessness or disproportionate action and amounted to harassment under the Protection from Harassment Act 1997. The judge was entitled to find that a reasonable person in possession of the same information would have considered the conduct to be harassment.

Court Disposition

Appeal dismissed; judgment for claimants/respondents affirmed.

Orders

  • Damages awarded to Mr Worthington and Ms Parkin are upheld.
  • No order for possession or injunction against the claimants.