Howlett v Holding [2006] EWHC 41 (QB) (25 January 2006)

Howlett v Holding [2006] EWHC 41 (QB) (25 January 2006)

The defendant's campaign of aerial harassment and surveillance constituted a course of conduct amounting to harassment under the Protection from Harassment Act 1997. The claimant's right to privacy and psychological integrity under Article 8 ECHR outweighed the defendant's Article 10 right to freedom of expression...

Source-derived case information.

Citation
[2006] EWHC 41
Parties
Claimant: Jenifer Howlett; Defendant: Terry Holding
Jurisdiction
England and Wales
Judgment Date
25 January 2006
Procedural Posture
Harassment Injunction (cpr Part 8) / Judgment Following Grant of Injunction
Outcome
Injunction granted to restrain harassment and surveillance by the defendant.
Legal Topics
Harassment, Privacy, Freedom of Expression, Surveillance, Proportionality, Protection From Harassment Act 1997, Article 8 ECHR, Article 10 ECHR
Civil Law Human Rights Law Tort Law Harassment Privacy Freedom of Expression Surveillance Proportionality +3 more

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Summary, issues, holding and outcome

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Parties

Jenifer Howlett

Claimant

Terry Holding

Defendant

Procedural Posture

Harassment Injunction (cpr Part 8) / Judgment Following Grant of Injunction

Legal Issues

  1. 1 Whether the defendant's conduct constituted harassment under the Protection from Harassment Act 1997
  2. 2 Whether the defendant's Article 10 right to freedom of expression outweighed the claimant's Article 8 right to privacy
  3. 3 Whether surveillance by the defendant was reasonable or justified under statutory defences

Ratio Decidendi

The defendant's campaign of aerial harassment and surveillance constituted a course of conduct amounting to harassment under the Protection from Harassment Act 1997. The claimant's right to privacy and psychological integrity under Article 8 ECHR outweighed the defendant's Article 10 right to freedom of expression in the circumstances. The statutory defences of prevention or detection of crime and reasonableness were not made out, as the defendant's conduct lacked any rational basis and was disproportionate. The injunction restraining harassment was therefore justified and necessary.

Court Disposition

Injunction granted to restrain harassment and surveillance by the defendant.

Orders

  • Defendant restrained from flying banners or dropping leaflets referring to the claimant in abusive or derogatory terms.
  • Defendant restrained from conducting surveillance of the claimant.