Protection From Harassment Act 1997

One of the key mischiefs which the Protection from Harassment Act 1997 was designed to address was stalking. However, in recent years the ambit of the Act has been drawn in ever wider terms by the court. Whilst at first glance it might appear that the Act only applies to conduct between private individuals, the court has made clear in recent cases that the Act also has implications in a commercial context. As it imposes both civil and criminal liability it is important that businesses are aware of the offences created by the Act and that steps are taken to avoid liability.

Section 1 of the Act provides:

"1. Prohibition of harassment – (1) A person must not pursue a course of conduct – (a) which amounts to harassment of another, and (b) which he knows or ought to know amounts to harassment of another."

In a number of cases the court has clarified the extent to which the Act can apply in the commercial context:-

A limited company cannot be harassed and so cannot seek relief under the Act. Daiichi UK Ltd v Stop Huntingdon Animal Cruelty concerned injunctions sought in relation to the activities of the Stop Huntingdon Animal Cruelty campaign...