Levi & Anor v Bates & Ors

Levi & Anor v Bates & Ors

A person who is foreseeably and directly harmed by a course of conduct amounting to harassment, even if not the primary target, may bring a claim under the Protection from Harassment Act 1997. Mrs. Levi was a foreseeable victim of harassment due to the publication of her home address and telephone number, and is entitled to damages.

Parties
Appellant: Melvyn Levi; Appellant: Carole Levi; Respondent: Kenneth Bates; Respondent: Leeds United Football Club Limited; Respondent: Yorkshire Radio Limited
Jurisdiction
England and Wales
Judgment Date
12 March 2015
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Harassment, Damages, Injunctions, Protection From Harassment Act 1997, Targeting Requirement, Collateral Damage, Objective Foreseeability
Tort Law Civil Procedure Harassment Damages Injunctions Protection From Harassment Act 1997 Targeting Requirement Collateral Damage +1 more

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Parties

Melvyn Levi

Appellant

Carole Levi

Appellant

Kenneth Bates

Respondent

Leeds United Football Club Limited

Respondent

Yorkshire Radio Limited

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a person foreseeably harmed by harassment aimed at another can claim under the Protection from Harassment Act 1997
  2. 2 Whether the statutory tort of harassment requires the claimant to be the target of the conduct
  3. 3 Whether Mrs. Levi was entitled to damages and/or an injunction

Ratio Decidendi

A person who is foreseeably and directly harmed by a course of conduct amounting to harassment, even if not the primary target, may bring a claim under the Protection from Harassment Act 1997. Mrs. Levi was a foreseeable victim of harassment due to the publication of her home address and telephone number, and is entitled to damages.

Court Disposition

appeal allowed in part

Orders

  • Damages of £6,000 awarded to Mrs. Levi
  • No injunction granted to Mrs. Levi