Cases

Ferguson v British Gas Trading Ltd

Facts

B appealed against a refusal to strike out F’s claim for damages for unlawful harassment. B sent F, a former customer, bills which she claimed were unjustified and letters threatening to cut off her gas supply, to start legal proceedings against her, and to report her to credit rating agencies. She contacted B several times to no avail. F claimed that B's course of conduct amounted to unlawful harassment contrary to the 1997 Act. B argued that (1) the conduct in question was not enough to amount to harassment; (2) F had failed to plead (i) that the course of conduct was directed by someone with such seniority in the company that their mind was regarded as the mind of the company itself, or (ii) the course of conduct was the responsibility of an individual employee for whose acts B was vicariously liable; consequently the claim was bound to fail.

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