Making a Claim for Harassment in the Civil Courts
Claims for harassment can be pursued through the Criminal and Civil Courts.
The Law- Civil Courts
The Protection from Harassment Act 1997 prevents a person from acting in such a way that amounts to harassment of another or in a way that they ought to be aware would amount to harassment of another person. It is up to the court to decide if a course of conduct amounts to harassment under the Act. There has to be a course of conduct of this behaviour i.e. more than one incident.
Compensation and Injunctions
If a harassment claim is successful, the defendant may be required to compensate the claimant for any losses incurred and any emotional anguish suffered, provided that the amounts are reasonable under the circumstances. If it seems necessary given the circumstances, an injunction against the defendant may also be granted.
Injunctions could also be granted to prevent the behaviour, and any further breaches of an injunction will be punishable as a crime.
Defences
When a defendant is accused of harassment, they have several defences available to them. Therefore it is important to obtain legal advice and the earliest opportunity possible.
Is there a time limit for making a harassment claim?
It is important to note that there is a time limit for bringing a civil claim for harassment. The claim must commence within six years of when the harassment occurred.
