BAL v KNZ

BAL v KNZ

The judge erred by failing to address material allegations of harassment, specifically incidents on 3 March 2024 and 29 September 2021, which were relevant to establishing a course of conduct under the Protection From Harassment Act 1997. This omission was material and could have affected the outcome regarding the grant of an injunction.

Parties
Appellant/claimant: BAL; Respondent/defendant: KNZ
Jurisdiction
England and Wales
Judgment Date
18 February 2026
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Harassment, Injunctions, Fresh Evidence on Appeal, Course of Conduct, Non Molestation Orders
Civil Procedure Family Law Tort Harassment Injunctions Fresh Evidence on Appeal Course of Conduct Non Molestation Orders

Case Brief

Summary, issues, holding and outcome

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Parties

BAL

Appellant/claimant

KNZ

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge failed to consider material allegations relevant to a course of conduct under the Protection From Harassment Act 1997
  2. 2 Whether fresh evidence should be admitted on appeal
  3. 3 Whether the factual findings warranted an injunction

Ratio Decidendi

The judge erred by failing to address material allegations of harassment, specifically incidents on 3 March 2024 and 29 September 2021, which were relevant to establishing a course of conduct under the Protection From Harassment Act 1997. This omission was material and could have affected the outcome regarding the grant of an injunction.

Court Disposition

appeal allowed

Orders

  • Order of HHJ Robinson dated 2 December 2024 set aside except for preserved factual findings on three incidents.
  • New trial ordered on allegations related to 29 September 2021 and 3 March 2024.