Hipgrave & Anor v Jones [2004] EWHC 2901 (QB) (15 December 2004)

Hipgrave & Anor v Jones [2004] EWHC 2901 (QB) (15 December 2004)

The civil standard of proof (balance of probabilities) applies to applications for injunctions under section 3 of the Protection from Harassment Act 1997. The seriousness of the allegations requires a strict approach, but not the criminal standard. The incidents involving the appellants were sufficiently connected to amount to harassment and a course of conduct under the Act. The appeal is dismissed.

Citation
[2004] EWHC 2901
Parties
Appellant (first Defendant): Linda Hipgrave; Appellant (third Defendant): Joyce Hipgrave; Respondent (claimant): Samantha Jones
Jurisdiction
England and Wales
Judgment Date
15 December 2004
Procedural Posture
Appeal (civil) / Judgment on Appeal From Luton County Court
Outcome
Appeal dismissed
Legal Topics
Protection From Harassment Act 1997, Standard of Proof, Injunctions, Article 8 ECHR, Article 10 ECHR, Article 11 ECHR, Balance of Probabilities, Course of Conduct, Damages for Distress
Civil Procedure Tort Law Human Rights Protection From Harassment Act 1997 Standard of Proof Injunctions Article 8 ECHR Article 10 ECHR +4 more

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Parties

Linda Hipgrave

Appellant (first Defendant)

Joyce Hipgrave

Appellant (third Defendant)

Samantha Jones

Respondent (claimant)

Procedural Posture

Appeal (civil) / Judgment on Appeal From Luton County Court

Legal Issues

  1. 1 What is the correct standard of proof for granting an injunction under section 3 of the Protection from Harassment Act 1997?
  2. 2 Does the conduct of the appellants amount to harassment within the meaning of the Act?
  3. 3 Is there a sufficient nexus between incidents to constitute a course of conduct for harassment?

Ratio Decidendi

The civil standard of proof (balance of probabilities) applies to applications for injunctions under section 3 of the Protection from Harassment Act 1997. The seriousness of the allegations requires a strict approach, but not the criminal standard. The incidents involving the appellants were sufficiently connected to amount to harassment and a course of conduct under the Act. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal of the first defendant is dismissed.
  • The appeal of the third defendant is dismissed.