Levi & Anor v Bates & Ors [2012] EW Misc 9 (CC) (07 June 2012)

Levi & Anor v Bates & Ors [2012] EW Misc 9 (CC) (07 June 2012)

The Defendants' course of conduct, including repeated publication of defamatory statements, personal information, and actions to serve legal papers, after prior undertakings and libel findings, was objectively oppressive and unacceptable, causing significant distress and anxiety to the Claimants. The conduct was not justified by reasonable pursuit of legal proceedings or freedom of expression, and breached the Protection from Harassment Act 1997.

Citation
[2012] EW Misc 9 (CC)
Parties
Claimant: Melvyn Stuart Levi; Claimant: Carole Mary Levi; Defendant: Kenneth William Bates; Defendant: Leeds United Football Club Limited; Defendant: Yorkshire Radio Limited
Jurisdiction
England and Wales
Judgment Date
07 June 2012
Procedural Posture
Civil Claim for Harassment / Judgment After Trial
Outcome
Claim for harassment upheld in part; damages and injunction granted.
Legal Topics
Harassment, Freedom of Expression, Defamation, Protection From Harassment Act 1997, Article 10 ECHR
Tort Civil Procedure Human Rights Harassment Freedom of Expression Defamation Protection From Harassment Act 1997 Article 10 ECHR

Case Brief

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Parties

Melvyn Stuart Levi

Claimant

Carole Mary Levi

Claimant

Kenneth William Bates

Defendant

Leeds United Football Club Limited

Defendant

Yorkshire Radio Limited

Defendant

Procedural Posture

Civil Claim for Harassment / Judgment After Trial

Legal Issues

  1. 1 Whether the Defendants pursued a course of conduct amounting to harassment under the Protection from Harassment Act 1997
  2. 2 Whether the conduct was oppressive and unreasonable
  3. 3 Whether the Defendants' conduct was protected by Article 10 ECHR (freedom of expression)

Ratio Decidendi

The Defendants' course of conduct, including repeated publication of defamatory statements, personal information, and actions to serve legal papers, after prior undertakings and libel findings, was objectively oppressive and unacceptable, causing significant distress and anxiety to the Claimants. The conduct was not justified by reasonable pursuit of legal proceedings or freedom of expression, and breached the Protection from Harassment Act 1997.

Court Disposition

Claim for harassment upheld in part; damages and injunction granted.

Orders

  • Defendants restrained from pursuing further conduct amounting to harassment against Claimants
  • Defendants ordered to pay damages for post-2009 harassment