Procedural guide—Protection from Harassment Act 1997 (civil remedy)


Published by a UUÂãÁÄÖ±²¥ Family expert
Checklists

Procedural guide—Protection from Harassment Act 1997 (civil remedy)


Published by a UUÂãÁÄÖ±²¥ Family expert

Checklists
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The Protection from Harassment Act 1997 (PHA 1997) makes it an offence to pursue a course of conduct that amounts to harassment and creates a civil tort allowing for a claim for damages and ancillary injunctions. The High Court and county court can grant an injunction for personal protection by forbidding harassment. Where clients are unable to avail themselves of the provisions of the Family Law Act 1996 (FLA 1996) because they do not satisfy the criteria or eligibility, or where damages are sought, then their solution may lie under the PHA 1997.

Claims under the PHA 1997 are not 'family proceedings' and applications are governed by the Civil Procedure Rules 1998, SI 1998/3132 (CPR).

Criteria
The relevant legislative provisions are contained in the Protection from Harassment Act 1997.PHA 1997
Harassment is any course of conduct which might be seen by a reasonable person to amount to harassment. The victim of a course of conduct prohibited by PHA 1997, s 1 may apply for an injunction and damages.
Proceedings under this Act are not 'family proceedings'.		PHA 1997, ss 1(1),
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Jurisdiction(s):
United Kingdom
Related legal acts:

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