Al Hamadani & Anor v Al Khafaf & Ors

Al Hamadani & Anor v Al Khafaf & Ors

Mr Sabri knowingly participated in a joint venture to intimidate the claimants in their home at night, conduct which was objectively calculated to cause alarm or distress and was oppressive and unacceptable. This, together with a subsequent threatening message, amounted to harassment under the Act and justified a permanent injunction.

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 / Judgment After Trial
Outcome
Injunction granted
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 / Judgment After Trial

Legal Issues

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

Ratio Decidendi

Mr Sabri knowingly participated in a joint venture to intimidate the claimants in their home at night, conduct which was objectively calculated to cause alarm or distress and was oppressive and unacceptable. This, together with a subsequent threatening message, amounted to harassment under the Act and justified a permanent injunction.

Court Disposition

Injunction granted

Orders

  • Permanent injunction granted restraining Mr Sabri from harassing the claimants, with a reservation allowing for future consent to communication through solicitors.