Calland v Financial Conduct Authority
The regulator's communications, viewed individually or cumulatively, did not cross the threshold from unattractive or unreasonable to oppressive and unacceptable conduct. The conduct was not capable of amounting to harassment under the Protection from Harassment Act 1997. Summary judgment was appropriate as there was no real prospect of success for the claim.
- Parties
- Appellant: John Calland; Respondent: Financial Conduct Authority
- Jurisdiction
- England and Wales
- Judgment Date
- 13 March 2015
- Procedural Posture
- Civil Appeal / Second Appeal From Summary Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Harassment, Summary Judgment, Protection From Harassment Act 1997
Case Brief
Summary, issues, holding and outcome
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Parties
John Calland
Appellant
Financial Conduct Authority
Respondent
Procedural Posture
Civil Appeal / Second Appeal From Summary Judgment
Legal Issues
- 1 Whether the communications from the Financial Conduct Authority to Mr Calland amounted to harassment under the Protection from Harassment Act 1997
- 2 Whether the case should proceed to trial or be disposed of by summary judgment
Ratio Decidendi
The regulator's communications, viewed individually or cumulatively, did not cross the threshold from unattractive or unreasonable to oppressive and unacceptable conduct. The conduct was not capable of amounting to harassment under the Protection from Harassment Act 1997. Summary judgment was appropriate as there was no real prospect of success for the claim.
Court Disposition
Appeal dismissed
Full Case Text
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