Hipgrave & Anor v Jones

Hipgrave & Anor v Jones

The civil standard of proof (balance of probabilities) applies to civil proceedings under section 3 of the Protection from Harassment Act 1997. The incidents found proved against the appellants amounted to harassment and, in the case of the third defendant, constituted a course of conduct within the meaning of the Act. The appeals are dismissed.

Parties
First Appellant / First Defendant: Linda Hipgrave; Second Appellant / Third Defendant: Joyce Hipgrave; Respondent / Claimant: Samantha Jones
Jurisdiction
England and Wales
Judgment Date
15 December 2004
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Injunction Under Protection From Harassment Act 1997
Outcome
Appeals dismissed
Legal Topics
Standard of Proof, Protection From Harassment, Injunctions, Freedom of Expression, Course of Conduct, Balance of Probabilities
Civil Procedure Tort Law Human Rights Standard of Proof Protection From Harassment Injunctions Freedom of Expression Course of Conduct +1 more

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Parties

Linda Hipgrave

First Appellant / First Defendant

Joyce Hipgrave

Second Appellant / Third Defendant

Samantha Jones

Respondent / Claimant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Injunction Under Protection From Harassment Act 1997

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 Did the incidents involving the appellants amount to harassment and a course of conduct under the Act?

Ratio Decidendi

The civil standard of proof (balance of probabilities) applies to civil proceedings under section 3 of the Protection from Harassment Act 1997. The incidents found proved against the appellants amounted to harassment and, in the case of the third defendant, constituted a course of conduct within the meaning of the Act. The appeals are dismissed.

Court Disposition

Appeals dismissed

Orders

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