Crawford v Jenkins

Crawford v Jenkins

The defendant's statements to the police are protected by witness immunity, precluding claims for false imprisonment and harassment based on those statements. No court process was involved, so the exception for malicious abuse of process does not apply. The two text messages, even if constituting a course of conduct, are not capable of amounting to harassment.

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 Judgment on Preliminary Issues
Outcome
Appeal dismissed
Legal Topics
Witness Immunity, False Imprisonment, Harassment, Malicious Prosecution
Tort Law Civil Procedure Witness Immunity False Imprisonment Harassment Malicious Prosecution

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Parties

Lincoln Crawford

Appellant/claimant

Bronwen Jenkins

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Central London County Court Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether the defendant's complaint to the police is protected by witness immunity from suit for false imprisonment and harassment
  2. 2 Whether a claim under the Protection from Harassment Act 1997 can be based on statements to the police
  3. 3 Whether two text messages can constitute harassment under the 1997 Act

Ratio Decidendi

The defendant's statements to the police are protected by witness immunity, precluding claims for false imprisonment and harassment based on those statements. No court process was involved, so the exception for malicious abuse of process does not apply. The two text messages, even if constituting a course of conduct, are not capable of amounting to harassment.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.