Crawford v Jenkins [2014] EWCA Civ 1035 (24 July 2014)

Crawford v Jenkins [2014] EWCA Civ 1035 (24 July 2014)

The witness immunity rule bars claims for damages for false imprisonment and harassment based on statements made to the police where no court process is involved; the two text messages sent by the defendant do not amount to harassment as a matter of law.

Citation
[2014] EWCA Civ 1035
Parties
Appellant/claimant: Lincoln Crawford; Respondent/defendant: Bronwen Jenkins
Jurisdiction
England and Wales
Judgment Date
24 July 2014
Procedural Posture
Civil Appeal / Appeal From Central London County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Witness Immunity, False Imprisonment, Harassment, Abuse of Process
Tort Law Civil Procedure Witness Immunity False Imprisonment Harassment Abuse of Process

Case Brief

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Parties

Lincoln Crawford

Appellant/claimant

Bronwen Jenkins

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Central London County Court to Court of Appeal

Legal Issues

  1. 1 Does the witness immunity rule bar a claim for damages for false imprisonment based on statements made to the police?
  2. 2 Does the witness immunity rule bar a claim for harassment under the Protection from Harassment Act 1997 based on statements made to the police?
  3. 3 Can two text messages alone constitute harassment under the 1997 Act?

Ratio Decidendi

The witness immunity rule bars claims for damages for false imprisonment and harassment based on statements made to the police where no court process is involved; the two text messages sent by the defendant do not amount to harassment as a matter of law.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the order of Her Honour Judge Baucher stands.