Foot Anstey LLP & Anor v Sean Stimson

Foot Anstey LLP & Anor v Sean Stimson

The Applicants established a strong prima facie case that the Respondent engaged in harassment within the meaning of the Protection from Harassment Act 1997, meeting the seriousness threshold and justifying interim injunctive relief. The relief is proportionate, does not unduly restrict legitimate communication or freedom of expression, and the balance of convenience favours granting the injunction. The Respondent had notice and failed to justify his absence or provide a substantive defence.

Parties
Applicant: Foot Anstey LLP; Applicant: Foot Anstey Corporation Limited; Respondent: Sean Stimson
Jurisdiction
England and Wales
Judgment Date
18 October 2024
Procedural Posture
Civil Interim Injunction Application / Interim Application Hearing and Determination
Outcome
Interim injunction granted in the Respondent's absence
Legal Topics
Interim Injunctions, Protection From Harassment Act 1997, Freedom of Expression, Probate Dispute, Conduct Amounting to Harassment
Civil Procedure Harassment Human Rights Interim Injunctions Protection From Harassment Act 1997 Freedom of Expression Probate Dispute Conduct Amounting to Harassment

Case Brief

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Parties

Foot Anstey LLP

Applicant

Foot Anstey Corporation Limited

Applicant

Sean Stimson

Respondent

Procedural Posture

Civil Interim Injunction Application / Interim Application Hearing and Determination

Legal Issues

  1. 1 Whether the Respondent's conduct amounts to harassment under the Protection from Harassment Act 1997
  2. 2 Whether an interim injunction should be granted in the Respondent's absence
  3. 3 Whether the threshold for relief affecting freedom of expression is met under the Human Rights Act 1998, section 12(3)

Ratio Decidendi

The Applicants established a strong prima facie case that the Respondent engaged in harassment within the meaning of the Protection from Harassment Act 1997, meeting the seriousness threshold and justifying interim injunctive relief. The relief is proportionate, does not unduly restrict legitimate communication or freedom of expression, and the balance of convenience favours granting the injunction. The Respondent had notice and failed to justify his absence or provide a substantive defence.

Court Disposition

Interim injunction granted in the Respondent's absence

Orders

  • Respondent restrained from attending Applicants' or specified charities' premises except by prior agreement
  • Respondent restrained from contacting Applicants' or specified charities' employees except as permitted