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01 December 2007
The Court of Appeal has significantly raised the bar on what constitutes harassment under the Protection from Harassment Act 1997. In doing so, it overruled a successful Thompsons’ trial.
The 17-year-old claimant was riding a horse on a road in Cornwall. The horse stopped and refused to go forward. The claimant was not the most skilful of riders and had had one previous fall.
A 17-year-old on a package holiday at a hotel in Corfu dived in the shallow end of a swimming pool and hit his head on the bottom, sustaining injuries that resulted in tetraplegia.
A prison officer was attending a prisoner’s cell. When the prisoner refused to get up and strip his bed, the officer took a step towards him. The prisoner then struck the officer in the eye. The resultant injury ended his career in the prison service.
The claimant worked and slept at a hostel for men with learning disabilities run by Barnsley Metropolitan Borough Council (BMBC) between 1991 and 2000.
The claimant was a crime scene investigator who attended the death of a drug user. She took photos. She picked up a shirt from a rucksack next to the dead person in an attempt to discover his identity.
On the way to her granddaughter’s school, the claimant tripped on a pothole in the road about 30mm deep by a metre square. She was unable to walk along the pathway because cars were parked on the pavement.
What level of damages are we recovering for very modest injuries? This is an exceptional result.