Al Hamadani & Anor v Al Khafaf & Ors [2015] EWHC 38 (QB) (14 January 2015)

Al Hamadani & Anor v Al Khafaf & Ors [2015] EWHC 38 (QB) (14 January 2015)

Mr Sabri, by participating in a group that entered the claimants' home at night with the intention of intimidation, aided and abetted conduct that objectively amounted to harassment under the Protection from Harassment Act 1997. His subsequent involvement in a threatening message reinforced a course of conduct...

Source-derived case information.

Citation
[2015] EWHC 38
Parties
Claimant: Ali Al Hamadani; Claimant: Almaghir Al Hamadani; Defendant: Mohamad Al Khafaf; Defendant: Ahmed Sadek Ali-Ali (also known as 'Hassanian'); Defendant: Sameer Sabri; Defendant: Mohamad Shamsi; Defendant: Basim Isa
Jurisdiction
England and Wales
Judgment Date
14 January 2015
Procedural Posture
Civil (part 8) Claim for Injunction Under Protection From Harassment Act 1997 / Trial Judgment
Outcome
Permanent injunction granted against Sameer Sabri restraining him from harassing the claimants.
Legal Topics
Harassment, Injunctions, Protection From Harassment Act 1997, Relief From Sanctions, Joint Venture Liability
Civil Law Tort Law Harassment Injunctions Protection From Harassment Act 1997 Relief From Sanctions Joint Venture Liability

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Parties

Ali Al Hamadani

Claimant

Almaghir Al Hamadani

Claimant

Mohamad Al Khafaf

Defendant

Ahmed Sadek Ali-Ali (also known as 'Hassanian')

Defendant

Sameer Sabri

Defendant

Mohamad Shamsi

Defendant

Basim Isa

Defendant

Procedural Posture

Civil (part 8) Claim for Injunction Under Protection From Harassment Act 1997 / Trial Judgment

Legal Issues

  1. 1 Whether the conduct of the defendant Sameer Sabri amounted to harassment under the Protection from Harassment Act 1997
  2. 2 Whether the claimants are entitled to a permanent injunction restraining Mr Sabri from harassing them

Ratio Decidendi

Mr Sabri, by participating in a group that entered the claimants' home at night with the intention of intimidation, aided and abetted conduct that objectively amounted to harassment under the Protection from Harassment Act 1997. His subsequent involvement in a threatening message reinforced a course of conduct justifying a permanent injunction.

Court Disposition

Permanent injunction granted against Sameer Sabri restraining him from harassing the claimants.

Orders

  • Permanent injunction in terms similar to those consented to by other defendants, with a reservation for future consent to communication through solicitors.