riz.majid@barkco.com
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Court Action

Court Action

A victim of harassment is able to take court action in an attempt to stop the harassment. This can take the form of a civil injunction and damages under section 3 of the Protection from Harassment Act 1997 or a private prosecution under sections 2 or 4. Additionally the Crown Prosecution Service is able to prosecute a harasser.

A civil injunction restrains a harasser from engaging in a course of conduct of harassment. A breach of a civil injunction is contempt of court or a criminal offence.

Under section 3 of the Protection from Harassment Act 1997 damages may also be awarded for anxiety and distress and any financial loss suffered.  However unless there is psychiatric illness damages for anxiety and distress are very modest. Similarly any compensation awarded in the criminal court will also be very modest.

Please click the specific links for civil injunction and private prosecution for further information.

Please note that harassment arising from an employment context may be able to be actioned within an Employment Tribunal. Whilst an appropriate remedy for harassment arising out of a personal or family relationship may be best dealt with in a family law court.