Ferguson v British Gas Trading Ltd

Ferguson v British Gas Trading Ltd

The alleged conduct by British Gas, if proved, is capable of amounting to harassment under the Protection from Harassment Act 1997, and the Act does not require a claimant to plead a directing mind or vicarious liability for a corporation to be liable. The claim should not be struck out and must proceed to trial.

Parties
Claimant/respondent: Lisa Maria Angela Ferguson; Defendant/appellant: British Gas Trading Ltd
Jurisdiction
England and Wales
Judgment Date
10 February 2009
Procedural Posture
Civil Appeal / Appeal Against Refusal to Strike Out Claim
Outcome
Appeal dismissed
Legal Topics
Harassment, Corporate Liability, Strike Out Applications
Tort Law Consumer Protection Civil Procedure Harassment Corporate Liability Strike Out Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Lisa Maria Angela Ferguson

Claimant/respondent

British Gas Trading Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Against Refusal to Strike Out Claim

Legal Issues

  1. 1 Whether the alleged conduct by British Gas amounts 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
  3. 3 Whether the claim should be struck out as disclosing no reasonable cause of action

Ratio Decidendi

The alleged conduct by British Gas, if proved, is capable of amounting to harassment under the Protection from Harassment Act 1997, and the Act does not require a claimant to plead a directing mind or vicarious liability for a corporation to be liable. The claim should not be struck out and must proceed to trial.

Court Disposition

Appeal dismissed

Orders

  • Claim not struck out; to proceed to trial
  • British Gas ordered to pay Ms Ferguson’s costs of the hearing below and in the Court of Appeal