APW v WPA

APW v WPA

The Claimant established an arguable case of distress and potential harassment, but the evidence did not justify the grant of an injunction as damages would be an adequate remedy and an injunction would be excessive and disproportionate in the circumstances.

Parties
Claimant: APW; Defendant: WPA
Jurisdiction
England and Wales
Judgment Date
08 November 2012
Procedural Posture
Civil / Interim Injunction Application, Return Date
Outcome
Application dismissed
Legal Topics
Harassment, Interim Injunctions, Privacy, Protection From Harassment Act 1997
Civil Procedure Tort Harassment Interim Injunctions Privacy Protection From Harassment Act 1997

Case Brief

Summary, issues, holding and outcome

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Parties

APW

Claimant

WPA

Defendant

Procedural Posture

Civil / Interim Injunction Application, Return Date

Legal Issues

  1. 1 Whether the Defendant's conduct amounted to harassment under the Protection from Harassment Act 1997
  2. 2 Whether there was a sufficient threat to justify an injunction restraining harassment or publication of private information
  3. 3 Whether damages would be an adequate remedy in lieu of an injunction

Ratio Decidendi

The Claimant established an arguable case of distress and potential harassment, but the evidence did not justify the grant of an injunction as damages would be an adequate remedy and an injunction would be excessive and disproportionate in the circumstances.

Court Disposition

Application dismissed