Iqbal v Dean Manson Solicitors

Iqbal v Dean Manson Solicitors

The three letters, viewed together, are arguably capable of amounting to a course of conduct constituting harassment under the Act. The procedural error in commencing under Part 7 rather than Part 8 does not invalidate the claim. A partnership can be a defendant to a civil claim under the Act. The defence may be...

Source-derived case information.

Parties
Appellant: Mashood Iqbal; Respondent: Dean Manson Solicitors
Jurisdiction
England and Wales
Judgment Date
15 February 2011
Procedural Posture
Civil Appeal / Second Appeal; Permission to Appeal and Substantive Appeal
Outcome
appeal allowed
Legal Topics
Harassment, Protection From Harassment Act, Civil Procedure, Partnership Liability
Civil Law Tort Law Harassment Protection From Harassment Act Civil Procedure Partnership Liability

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Summary, issues, holding and outcome

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Parties

Mashood Iqbal

Appellant

Dean Manson Solicitors

Respondent

Procedural Posture

Civil Appeal / Second Appeal; Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether a series of letters sent by the respondent to the appellant and the court were capable of amounting to harassment under the Protection from Harassment Act 1997
  2. 2 Whether a partnership can be a defendant to a civil claim under the Act
  3. 3 Whether the defence and post-claim conduct can be considered as part of a course of conduct for harassment

Ratio Decidendi

The three letters, viewed together, are arguably capable of amounting to a course of conduct constituting harassment under the Act. The procedural error in commencing under Part 7 rather than Part 8 does not invalidate the claim. A partnership can be a defendant to a civil claim under the Act. The defence may be considered evidentially in assessing the course of conduct.

Court Disposition

appeal allowed

Orders

  • Permission to appeal granted
  • Appeal allowed; claim reinstated