Cases

Howlett v Holding (No. 4)

Held

Granting the permanent injunction in both respects; (1) Following Thomas v NGN, the exercise of the right of free speech can constitute harassment. D’s exercise of his right to freedom of expression was objectionable because of the impact it had on C’s privacy and psychological well-being. Applying Re S, Convention rights must be balanced against each other. Assessed using the principle of proportionality, C’s rights took precedence over D’s. (2) That C did not know when she was being watched did not prevent D’s actions constituting harassment. For Art 8 purposes there is no rigid distinction between activities in private and public places. Interpreting the exceptions in the 1997 Act in light of Art 8(2), there was no exception permitting the unreasonable harassment of fellow citizens by means of surveillance.

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