Approach to costs
Solicitors at Humphreys & Co. always aim to approach
legal work in a financially-disciplined way. We offer
competitive rates. Our charging approach is both transparent
and geared to the options open to our clients. Our
solicitors generally charge by reference to time spent but
we can often agree fixed fees for specific work or in some
cases risk-adjusted funding structures.
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employment
Harassment &
breach of privacy
| Solicitors advising
clients on how best to protect their
privacy and their private interests
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Solicitors
at Humphreys & Co. advise on and conduct
claims arising from harassment and breach of
privacy.
Harassment
Protection from Harassment Act 1997
As of 1997,
the Protection from Harassment Act came into
force in the UK. Initially introduced to
bolster the legislation preventing
activities such as stalking, this Act is in
effect an umbrella covering all forms of
harassment.
“the test of harassment was held to
be ‘conduct targeted at an individual which
is calculated to produce the consequences
described in section 7 and which is
oppressive and unreasonable’ … Whether
conduct is reasonable will depend upon the
circumstances of the particular case.”
Iqbal v.
Dean Mason Solicitors [2010]
The law’s definition of harassment is
wide-ranging and is not exhaustive,
providing the opportunity for judgment on a
case-by-case basis. In general, a person
must not pursue a course of conduct which
amounts to harassment of another, or which
they ought to know amounts to harassment of
that other.
A course of action will be considered
harassment by the court if a reasonable
person in possession of the same information
would think the course of conduct amounted
to harassment of the other.
There is, therefore, considerable scope for a
wide range of claims against individuals and
organisations. For example, if an individual
has suffered harassment in the workplace they
may choose to pursue action for damages under
the Protection from Harassment Act rather than
at an Employment Tribunal.
“the Act is concerned with courses
of conduct which amount to harassment,
rather than individual instances of
harassment … it is the course of conduct
which has to have the quality of amounting
to harassment, rather than individual
instances of conduct.”
Iqbal v.
Dean Mason Solicitors [2010]
If
found guilty of an offence under the
Protection from Harassment Act 1997, the
defendant is liable to face imprisonment up to
6 months, a fine not exceeding level 5 on the
standard scale (up to £5,000), or both.
The legislation also allows the issuing of
restraining orders.
If the defendant has a
restraining order placed against them and they
subsequently do anything they are prohibited
from doing under the injunction, they may be
sent to prison for up to 5 years.
“the purpose of the Act, it seems to me
plain, is intended to render actionable
conduct which might not be alarming if
committed once, but becomes alarming by
virtue of being repeated … It is, therefore,
… not necessary for there to be alarm caused
in relation to each of the incidents relied
upon as forming part of the course of
conduct. It is sufficient if, by virtue of
the course of conduct, the victim is alarmed
or distressed.”
Kelly v.
Director of Public Prosecutions [2002]
Damages may be awarded to the victim for
(among other things) any anxiety caused by the
harassment and any financial loss resulting
from the harassment.
Threats of violence are also covered by the
harassment Act, with severe consequences. A
person who through their course of conduct
causes another to fear, on at least two
occasions, that violence will be used against
him is guilty of an offence. If found guilty
of an offence under this section, the
defendant is liable to face imprisonment for a
term not exceeding five years, or a fine, or
both. If the guilty party is provided with a
summary conviction, they may be imprisonment
for a term not exceeding six months, fined, or
both.
Malicious Communications Act 1998
Further to
the Protection from Harassment Act, there is
also legislation to prevent harassment
involving malicious communications either
through the post, by telephone, Fax,
cyber-stalking or by SMS messages sent to
mobiles.
Under this legislation it is an offence to
send an indecent, offensive or threatening
letter, electronic communication or other
article to another person and under section 43
Telecommunications Act 1984 it is a similar
offence to send a telephone message which is
indecent offensive or threatening. Both
offences are punishable with up to six months
imprisonment, a fine, or both.
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Fixed charge package with options and
recommendations
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Breach of privacy
Breach of
privacy claims have recently become much
more common by virtue of recent judge-made
extensions to English law, leading on from
the Michael Douglas v Hello Magazine and
Naomi Campbell judgments, through to the
Max Mosley and Madonna proceedings.
Although
there is no express right to privacy under
English common law – and therefore no
civil action available for a purported
breach of such a right – there are a
number of rights that, in various ways,
relate to privacy. These have been used in
recent years to the same effect as a
dedicated privacy law. Some possible
approaches are outlined below.
Breach of confidence
Traditionally,
to bring a claim for breach of confidence,
the claimant had to establish that there
was a confidential relationship between
the claimant and the defendant.
However,
to bring a claim for misuse of
confidential information, the claimant
must only establish that he had a
reasonable expectation of privacy in
relation to the information in question.
The relationship with the defendant is not
particularly relevant. If successful, a
claimant can have an injunction issued
against publication.
Human Rights Act 1998
In 1998
the European Convention on Human Rights was
incorporated into UK law. Article 8(1) of
the Convention states that “everyone has the
right to respect for his private and family
life, his home and his correspondence”.
Data Protection Act 1998
The law
relating to data protection holds relevance
to nearly everyone’s privacy in the modern
technological world. The Data Protection Act
sets out eight rules by which people must
comply when they collect, store, retrieve or
organise data. In addition to those rules,
the Act gives people further rights – such
as the right to prevent others from using
your personal data in a way that causes
damage or distress. The Act also includes
provision for individuals to recover
compensation from someone (a processor of
data) who has used your personal data in
breach of the rules set out in the Act.
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options and recommendations |
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Accessibility
We take instructions from UK & international clients. Our independent lawyers are available by email, telephone & fax. With central Bristol offices we are just 90 minutes from London by road or rail and 15 minutes from Bristol International Airport. We can travel to meetings if required.
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Independent approach
We are an independent professional law firm here, not a legal factory turning out mass-produced products. In our experience, determined case-handling is more likely to produce effective results.
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Turnaround time
Solicitors at Humphreys & Co. look to input not only
careful legal work and precision but also the determination
to keep matters moving. They aim to work in clients' real
interests with energy and pragmatism.
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Communication skills
Solicitors at Humphreys & Co. always try to open up the
legal process by giving advice and explaining options to
clients in a concise and straightforward way, identifying
clear courses of action whatever the technical or legal
complexities of the subject. |
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