Bank of Scotland v Johnson (Rev 1)

Bank of Scotland v Johnson (Rev 1)

The circuit judge erred in making a finding of proven harassment without a proper trial, but this error did not invalidate her order. The deputy district judge was wrong to dismiss the claimant's claim. By the time of the circuit judge's order, the dispute was resolved by the bank writing off the debt, and the only remaining issue was costs. The circuit judge's order granting permission to appeal, allowing the appeal, and awarding 50% of costs was appropriate and within discretion.

Parties
Appellant/defendant: Bank of Scotland Plc; Respondent/claimant: Mrs Marian Pamela Johnson
Jurisdiction
England and Wales
Judgment Date
19 June 2013
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Harassment, Costs, Injunction, Summary Judgment, Appeal Procedure
Civil Procedure Tort Law Harassment Costs Injunction Summary Judgment Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Bank of Scotland Plc

Appellant/defendant

Mrs Marian Pamela Johnson

Respondent/claimant

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the bank's conduct amounted to unlawful harassment under the Protection from Harassment Act 1997
  2. 2 Whether the circuit judge erred in finding proven harassment without a proper trial
  3. 3 Whether the deputy district judge erred in dismissing the claimant's claim

Ratio Decidendi

The circuit judge erred in making a finding of proven harassment without a proper trial, but this error did not invalidate her order. The deputy district judge was wrong to dismiss the claimant's claim. By the time of the circuit judge's order, the dispute was resolved by the bank writing off the debt, and the only remaining issue was costs. The circuit judge's order granting permission to appeal, allowing the appeal, and awarding 50% of costs was appropriate and within discretion.

Court Disposition

appeal dismissed

Orders

  • The circuit judge's order is upheld.
  • Permission to appeal granted.