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England and Wales decisions
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The High Court dismissed a claim over Amy Winehouse items, finding most were owned by or validly gifted to the defendants, and no fiduciary duty arose.
The Court of Appeal upheld a 4 years 16 weeks sentence for criminal damage, finding it was not manifestly excessive after proper allowance for a prior civil contempt sentence.
Mather v Rattan [2025] EWCA Civ 1596 (09 December 2025)
Court of Appeal dismissed an appeal in a deceit claim, upholding findings on limitation, reliance, and causation over a misstatement about a director's appointment.
The defendant did not benefit from the £60,000 paid into his account, did not actively collude or participate in the bond arrangement, and was not enriched at the claimant's expense; no trust or restitutionary claim lies against him.
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The Defendant breached the injunction by deliberate abusive and threatening behaviour towards a neighbour, crossing the custodial threshold. However, given her recent compliance, efforts at rehabilitation, and personal circumstances, a custodial sentence of 26 days is appropriate but suspended on condition of compliance with the injunction.
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North Wales Housing Association Ltd v Ockerby [2025] EWCC 42 (02 July 2025)
The county court imposed a suspended 26-day custodial sentence for breach of an anti-social behaviour injunction, conditional on compliance until May 2027.
Rodgers v Brookes [2025] EWCC 31 (17 June 2025)
County Court harassment claim where the defendant was found responsible for abusive online conduct and website messages, but not for her husband’s alleged acts.
Clyde & Co LLP & Anor v Kennedy [2025] EWHC 1186 (KB) (19 May 2025)
Final injunction granted under the Protection from Harassment Act 1997 after repeated unwelcome attendances, filming, and online posts aimed at pressuring the claimants.
Afriyie v Commissioner of Police for the City of London [2024] EWCA Civ 1269 (25 October 2024)
The Court of Appeal allowed a police battery claim, holding that taser use on a standing, non-aggressive suspect was not objectively reasonable or proportionate.
The Defendant's repeated and baseless allegations sent to the Claimant, his wife, and third parties amount to harassment under the Protection from Harassment Act 1997. The requirements for a without notice interim injunction are met due to the risk of further harm and the likelihood that proper notice would have led to escalation. The Claimant is likely to succeed at trial, damages are inadequate, and the balance of convenience favours granting the injunction.
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