Calland v Financial Conduct Authority

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

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Parties

John Calland

Appellant

Financial Conduct Authority

Respondent

Procedural Posture

Civil Appeal / Second Appeal From Summary Judgment

  1. 1 Whether the communications from the Financial Conduct Authority to Mr Calland amounted to harassment under the Protection from Harassment Act 1997
  2. 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