S & D Property Investments Ltd v Nisbet

S & D Property Investments Ltd v Nisbet

Mr French engaged in a course of conduct amounting to harassment from 15 December 2007 to 14 January 2008, causing Mr Nisbet anxiety and distress. S & D Property Investments Ltd is vicariously liable as Mr French acted within the scope of his authority to recover the debt. Damages for anxiety are awarded but no financial loss was proved. The damages are to be set off against the debt owed to S & D.

Parties
Claimant: S & D Property Investments Ltd; Defendant/part 20 Claimant: Christian Nisbet; Part 20 Defendant: Stephen French
Jurisdiction
England and Wales
Judgment Date
13 July 2009
Procedural Posture
Civil / Judgment After Consolidated Trial
Outcome
Judgment for Mr Nisbet in part; damages for harassment awarded and set off against debt; S & D vicariously liable; no damages for financial loss; stay on enforcement lifted.
Legal Topics
Harassment, Vicarious Liability, Equitable Set Off, Damages
Tort Civil Procedure Harassment Vicarious Liability Equitable Set Off Damages

Case Brief

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Parties

S & D Property Investments Ltd

Claimant

Christian Nisbet

Defendant/part 20 Claimant

Stephen French

Part 20 Defendant

Procedural Posture

Civil / Judgment After Consolidated Trial

Legal Issues

  1. 1 Whether Mr French's conduct amounted to harassment under the Protection from Harassment Act 1997
  2. 2 Whether S & D Property Investments Ltd is vicariously liable for Mr French's harassment
  3. 3 Whether Mr Nisbet suffered compensable anxiety and/or financial loss as a result of harassment

Ratio Decidendi

Mr French engaged in a course of conduct amounting to harassment from 15 December 2007 to 14 January 2008, causing Mr Nisbet anxiety and distress. S & D Property Investments Ltd is vicariously liable as Mr French acted within the scope of his authority to recover the debt. Damages for anxiety are awarded but no financial loss was proved. The damages are to be set off against the debt owed to S & D.

Court Disposition

Judgment for Mr Nisbet in part; damages for harassment awarded and set off against debt; S & D vicariously liable; no damages for financial loss; stay on enforcement lifted.

Orders

  • Mr Nisbet awarded £7,000 in damages for harassment against Mr French and S & D Property Investments Ltd.
  • Damages to be set off against the principal debt owed to S & D as of 14 January 2008, with interest adjustments.