Cases

Merelie v Newcastle Primary Health Care Trust & Others

Comment

The case shows how the Protection from Harassment Act might be relied upon where the more obvious cause of action (defamation) is unavailable for reasons of limitation. In examining the 1997 Act, the judge drew a distinction between those individuals who were alleged by the Claimant to have made false complaints and those who were alleged to have failed in their duty to investigate those complaints. Making false complaints may amount to an abuse of legal procedures, which, following the decision of the Divisional Court in Baron v CPS (unreported DC, 13 June 2000), could constitute harassment. A failure to investigate could not.

Areas of work

Defamation
General Common Law
Harassment

Also