Civil General Litigation
We are accredited by the Community Legal Service as a General Help point in Civil Matters.
The term 'Civil Law' is a cover-all for a variety of types of civil litigation such as:-
- negligence (although we do not undertake medical negligence cases)
- nuisance (including neighbour disputes)
- trespass
- interference with goods
- false imprisonment
- malicious prosecution
- partnership disputes
- disputes with Government Bodies and Local Authorities
- protection from harassment (including "stalking") - see below:-
In all of the above types of cases we may be able to assist and Legal Help may be available. Contact us for further details specific to your case.
Harassment
Harassment can take many forms and can include stalking, abusive telephone calls, sexual harassment at work, neighbour problems or racial harassment. If this relates from a Family situation and the parties are "associated persons" which can include spouses, cohabitees, relatives and parents of children then the Family Law Act 1996 is used to apply for an Injunction. This advice relates to non-family scenarios; for advice on family-related issues visit our Family Law web page.
Harassment and Crime
The Criminal Law may assist if the harassment is by letter, telephone or email as it is an offence to send a letter or other article which conveys a message which is indecent or grossly offensive, a threat, or false information (Malicious Communications Act 1988) or to send by a public telecommunications system a message or other matter that is grossly offensive or of an indecent, obscene or menacing character (Telecommunications Act 1984).
If a person is caused harassment, alarm or distress by another's actions whether by words or behaviour this could be an offence under the Public Order Act 1986. The Police also have power to direct a person to leave if they are near a person's home and their presence is likely to result in harassment or cause alarm or distress (Criminal Justice and Police Act 2001).
The Protection from Harassment Act 1997
The Protection from Harassment Act 1997 is used most in these cases. This makes it a criminal offence to cause harassment, alarm or distress by a course of conduct which the person knows or ought to know amounts to harassment of the other. The Court can impose a fine or prison for up to six months or even impose a Restraining Order preventing the person from coming near the other person's home or place of work.
Civil Action
If the Police do not wish to take action or there is not enough evidence to take criminal proceedings (as the case would have to be proved beyond reasonable doubt) then proceedings can be brought using the Protection from Harassment Act 1997 in the Civil Courts. A claim for an Injunction and/or Damages can be brought. This can include claims for stranger stalkers, anti-social behaviour by neighbours or racial harassment or from work related harassment such as bullying. Legal Aid may be available depending on the means of the client.
Employees are also able to bring claims for sexual or racial harassment or harassment due to disability under the specific laws that outlaw such practices including The Sexual Discrimination Act 1975, the Race Relations Act 1976 and The Disability Discrimination Act 1995.
What to do if you are suffering harassment
We recommend keeping a Diary of Events recording instances of harassment. In addition, save evidence such as letters and emails and take photographs of any other evidence such as damage done to your property.
We will be able to write a letter before action first to warn off the other person but if the problems persist and the Police do not assist then we can then issue a claim in the County Court.
Further advice for the victims of stalking is available from the Metropolitan Police website.
