The above question was addressed by the Court in the case of Huntingdon Life Sciences Ltd and another v Stop Huntingdon Animal Cruelty and Others [2003] All ER (D) 280 (Jun).
Huntingdon Life Sciences Ltd and another v Stop Huntingdon Animal Cruelty and Others
Background
The First Claimant, Huntingdon Life Sciences (HLS) were a business conducting research in which they would carry out experiments on animals. The Second Claimant was the managing director and senior employees of HLS. The Defendant was an unincorporated body against experimentation on animals.
HLS alleged that their employees had been subject to abuse and harassment at the hands of the Defendant and they, therefore, applied to the Court, pursuant to Section 3 of the Protection from Harassment Act 1997, for an injunction preventing the Defendant from harassing them any further.
Section 3 states:
“(1) An actual or apprehended breach of Section 1 may be subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.” [emphasis added].
This raises the question, does a company or an organisation fall within the definition of a person? Can they, therefore, rely upon the Protection from Harassment Act 1997 or is it limited to individuals?
What was decided?
When considering this question, the Court took into account the fact that a company cannot be a victim pursuant to Section 2 of the Protection from Harassment Act 1997 (being a criminal action). The Court, therefore, ruled that it would be consistent for a company to also be prevented from pursuing civil relief under Section 3 of the Protection from Harassment Act 1997. With this in mind, it was made clear that only a natural person could seek relief in accordance with Section 3.
In this case, the Court, therefore, ruled that the Second Claimant should bring the action going forward on behalf of HLS.
Comment
Whilst technically an organisation or company cannot apply for relief under the Protection from Harassment Act 1997, there is nothing preventing their employees and/or managing directors from pursuing a claim in their own right where those individuals have been affected by the actions of harassment.
How can Nelsons help?
Ruby Ashby is an Associate in our expert Dispute Resolution team.
If you have any questions concerning the subjects discussed in this article, please do not hesitate to contact Ruby or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.