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 intimidating them, aided and abetted harassment within the meaning of the Protection from Harassment Act 1997. His conduct, together with a subsequent threatening message, constituted a course of conduct amounting...

Source-derived case information.

Citation
[2015] EWHC 38 (QB)
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 (injunction) / Trial Judgment
Outcome
Injunction granted against Sameer Sabri
Legal Topics
Harassment, Injunctions, Protection From Harassment Act 1997, Civil Procedure
Civil Law Harassment Injunctions Protection From Harassment Act 1997 Civil Procedure

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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 (injunction) / 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 intimidating them, aided and abetted harassment within the meaning of the Protection from Harassment Act 1997. His conduct, together with a subsequent threatening message, constituted a course of conduct amounting to harassment of Ali Al Hamadani, justifying the grant of a permanent injunction.

Court Disposition

Injunction granted against Sameer Sabri

Orders

  • Permanent injunction restraining Sameer Sabri from harassing the claimants, with a reservation allowing communication if expressly consented to by the claimants through their solicitors.