Robert Sully & Ors v Julia Mazur & Anor

Robert Sully & Ors v Julia Mazur & Anor

The Defendants' course of conduct, including direct and third-party correspondence, personal attacks, and repeated allegations, is likely to be found at trial to amount to harassment under the Protection from Harassment Act 1997. The conduct is oppressive, unacceptable, and calculated to cause distress, and the Claimants are likely to succeed at trial. Discretionary factors do not preclude interim injunctive relief.

Parties
Claimant: Robert Sully; Claimant: Andrew Sully; Claimant: Victoria Russell; Defendant: Julia Mazur; Defendant: Jerome Stuart
Jurisdiction
England and Wales
Judgment Date
08 February 2024
Procedural Posture
Civil Harassment (interim Injunction) / Interim Application Ruling
Outcome
Interim injunction granted; claim to proceed under Part 7
Legal Topics
Harassment, Interim Injunctions, Protection From Harassment Act 1997, Civil Procedure Rules, Right of Way, Nuisance, Legal Professional Conduct
Civil Procedure Tort Law Media & Communications Harassment Interim Injunctions Protection From Harassment Act 1997 Civil Procedure Rules Right of Way +2 more

Case Brief

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Parties

Robert Sully

Claimant

Andrew Sully

Claimant

Victoria Russell

Claimant

Julia Mazur

Defendant

Jerome Stuart

Defendant

Procedural Posture

Civil Harassment (interim Injunction) / Interim Application Ruling

Legal Issues

  1. 1 Whether the Defendants' correspondence amounts to harassment under the Protection from Harassment Act 1997
  2. 2 Whether the Claimants are entitled to an interim injunction restraining the Defendants' conduct
  3. 3 Whether the Defendants' conduct was reasonable in the circumstances

Ratio Decidendi

The Defendants' course of conduct, including direct and third-party correspondence, personal attacks, and repeated allegations, is likely to be found at trial to amount to harassment under the Protection from Harassment Act 1997. The conduct is oppressive, unacceptable, and calculated to cause distress, and the Claimants are likely to succeed at trial. Discretionary factors do not preclude interim injunctive relief.

Court Disposition

Interim injunction granted; claim to proceed under Part 7

Orders

  • Defendants prohibited from contacting Claimants and certain third parties except via Claimants’ solicitors
  • Claim to continue under CPR Part 7 due to factual disputes