Clyde & Co LLP & Anor v Kennedy [2025] EWHC 1186 (KB) (19 May 2025)

Clyde & Co LLP & Anor v Kennedy [2025] EWHC 1186 (KB) (19 May 2025)

The defendant's repeated, persistent, and unwelcome attendances at the Birmingham office, filming of staff, and publication of material online, taken together, amounted to a course of conduct that was oppressive and unacceptable, causing distress and anxiety to the claimants' workforce. The defendant knew or ought to have known his conduct amounted to harassment. The conduct was intended to coerce the claimants into facilitating payment to the defendant, satisfying s1(1A)(c). No statutory exemption applied. A final injunction is necessary and proportionate to protect the claimants' staff.

Citation
[2025] EWHC 1186 (KB)
Parties
Claimant: Clyde & Co LLP; Claimant: Mr Julian Richard Berryman Smart; Defendant: Mr Christopher Kennedy
Jurisdiction
England and Wales
Judgment Date
19 May 2025
Procedural Posture
Civil (protection From Harassment Act 1997) / Final Hearing and Judgment
Outcome
Claim allowed. Final injunction granted.
Legal Topics
Harassment, Injunctions, Protection From Harassment Act 1997, Civil Procedure, Remedies
Civil Law Tort Law Harassment Injunctions Protection From Harassment Act 1997 Civil Procedure Remedies

Case Brief

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Parties

Clyde & Co LLP

Claimant

Mr Julian Richard Berryman Smart

Claimant

Mr Christopher Kennedy

Defendant

Procedural Posture

Civil (protection From Harassment Act 1997) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the defendant's conduct amounted to harassment under the Protection from Harassment Act 1997
  2. 2 Whether the defendant knew or ought to have known his conduct was harassment
  3. 3 Whether the claimants are entitled to a final injunction restraining the defendant's conduct

Ratio Decidendi

The defendant's repeated, persistent, and unwelcome attendances at the Birmingham office, filming of staff, and publication of material online, taken together, amounted to a course of conduct that was oppressive and unacceptable, causing distress and anxiety to the claimants' workforce. The defendant knew or ought to have known his conduct amounted to harassment. The conduct was intended to coerce the claimants into facilitating payment to the defendant, satisfying s1(1A)(c). No statutory exemption applied. A final injunction is necessary and proportionate to protect the claimants' staff.

Court Disposition

Claim allowed. Final injunction granted.

Orders

  • The defendant is restrained from attending at or within 100 metres of the Birmingham office of Clyde & Co LLP.
  • The defendant is prohibited from contacting or communicating with any employee of the first claimant except via a designated email address.