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Court of Appeal finds that the Protection from Harrassment Act 1997 does not require the Claimant to prove foreseeability
13 July 2011
On 12th July 2011 the Court of Appeal held that foreseeability of injury or loss was not an essential element in a case founded under the 1997 Act. The Court found that the starting point was the Act and if it was found that harrassment had occurred, the Court was free to move to Section 3 and find that anxiety and other losses flowed from the conduct.
Samantha Jones and Another -v- Liam Patrick Ruth and Another [2011] EWCA Civ 804.
Andrew Petchey, Partner, Litigation Team