Roberts v Bank of Scotland Plc (Rev 1)
The bank's conduct in making 547 repeated and intimidatory telephone calls to the claimant, despite her clear requests to desist, constituted harassment under the Protection from Harassment Act 1997. The context, content, and frequency of the calls crossed the threshold of oppressive and unacceptable behaviour. The award of £7,500 damages was appropriate within the middle band for injury to feelings.
- 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 Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Harassment, Damages, Banking Practice, Protection From Harassment Act 1997
Case Brief
Summary, issues, holding and outcome
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Parties
Amanda Roberts
Claimant/respondent
Bank of Scotland Plc
Defendant/appellant
Procedural Posture
Civil Appeal / Appeal Judgment
Legal Issues
- 1 Whether repeated telephone calls by a bank to a customer constitute harassment under the Protection from Harassment Act 1997
- 2 Appropriate quantum of damages for harassment
Ratio Decidendi
The bank's conduct in making 547 repeated and intimidatory telephone calls to the claimant, despite her clear requests to desist, constituted harassment under the Protection from Harassment Act 1997. The context, content, and frequency of the calls crossed the threshold of oppressive and unacceptable behaviour. The award of £7,500 damages was appropriate within the middle band for injury to feelings.
Court Disposition
Appeal dismissed
Orders
- Bank's appeal on liability dismissed
- Bank's appeal on quantum dismissed
Full Case Text
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