Buxton & Ors, R. v

Buxton & Ors, R. v

A restraining order under section 5 of the Protection from Harassment Act 1997 can lawfully protect a limited company or its employees, but in this case, the absence of evidence of harassment or fear of violence rendered the order inappropriate.

Parties
Applicant: Ivan Buxton; Applicant: Emma Byron; Applicant: David Clements; Applicant: Agnes Vongegerfelt; Applicant: Trevor Houghton; Applicant: Catherine Lambert; Applicant: Joseph Short; Applicant: Emma Simon; Applicant: Zoe Smith; Applicant: Nicholas Kassam; Applicant: Daniel Quiggin; Applicant: James Aldridge; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
01 December 2010
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Restraining Orders, Harassment, Corporate Protection, Sentencing, Protest Offences
Criminal Law Civil Remedies Restraining Orders Harassment Corporate Protection Sentencing Protest Offences

Case Brief

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Parties

Ivan Buxton

Applicant

Emma Byron

Applicant

David Clements

Applicant

Agnes Vongegerfelt

Applicant

Trevor Houghton

Applicant

Catherine Lambert

Applicant

Joseph Short

Applicant

Emma Simon

Applicant

Zoe Smith

Applicant

Nicholas Kassam

Applicant

Daniel Quiggin

Applicant

James Aldridge

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether a restraining order under the Protection from Harassment Act 1997 can protect a limited company
  2. 2 Whether such an order was appropriate in the circumstances of this case

Ratio Decidendi

A restraining order under section 5 of the Protection from Harassment Act 1997 can lawfully protect a limited company or its employees, but in this case, the absence of evidence of harassment or fear of violence rendered the order inappropriate.

Court Disposition

appeal allowed

Orders

  • restraining orders against the applicants set aside