Understanding Civil Harassment Claims | Your Legal Rights and Options

Harassment is one of the rare legal actions which can be pursued through the Civil and Criminal courts. While Moore and Tibbits Solicitors don’t offer Criminal advice, our Dispute Resolution Team can give comprehensive and thoughtful advice about your options to make a civil harassment claim.

Civil harassment claims offer a remedy through the courts for those suffering from persistent, unwanted behaviour. Here’s a comprehensive guide on pursuing civil harassment claims, including the steps involved, the legal framework, and the available remedies.

What Constitutes Harassment?

Harassment is defined as any behaviour which causes alarm, distress, or humiliation. It can occur through various forms of communication or actions. Some common examples include:
•    Unwanted communications: such as phone calls, letters, emails, or in-person visits.
•    Stalking: following or monitoring an individual’s movements.
•    Abuse or threats: verbal or physical abuse and threats of violence.
•    Cyber harassment: online abuse via social media platforms or other digital communication channels.

Civil vs. Criminal Harassment

Harassment can be addressed in both criminal and civil courts. However, there is a significant difference in the burden of proof required. The burden of proof in a claim can be defined as the standard that needs to be reached in order for the claim to succeed. In criminal court, the court must find that harassment occurred ‘beyond all reasonable doubt’, this is a high standard of proof which can make criminal harassment cases more challenging to win.

In contrast, civil harassment claims require proof on the ‘balance of probabilities.’ This means that the court must find that it is more likely than not that the harassment occurred. This lower threshold often makes civil court a more accessible option for victims of harassment.

Legal Framework for Civil Harassment Claims

The primary law governing civil harassment in the UK is the Protection from Harassment Act 1997. This law prohibits behaviour that amounts to harassment and holds individuals accountable if they knew or should have known their actions would be considered harassment. Under this Act, harassment is considered a course of conduct that occurs on two or more occasions.

The Act also covers stalking as a specific form of harassment under Section 2A. This includes both physical and digital stalking behaviours, such as unwanted visits, following, or persistent online contact.

Taking Legal Action: The Process

1. Consider the Limitation Date: The limitation period for a civil harassment claim under the Protection from Harassment Act 1997 is six years from the date of alleged harassment. This means that if you suspect that actions by the perpetrator constitute harassment, you should seek assistance as soon as possible in order to not be out of time for bringing a civil harassment claim, if such action is necessary.
2. Reporting to the Police: One of the first steps for most victims is to report the harassment to the police. If the police determine that the behaviour does not amount to a criminal offence or opt for informal warnings, civil legal action may be the next step.
3. Formal correspondence with Perpetrator: Not all civil harassment claims go to court, with the help of a Dispute Resolution solicitor to correspond on your behalf and consider the relevant laws and procedures, you could secure an out-of-court undertaking from the perpetrator to stop their unreasonable conduct. If the undertaking is breached (i.e. the perpetrator’s actions continue), it can be swiftly actioned at court.
4. Filing a Civil Claim: A civil harassment claim can be brought in the County or High Court depending on the amount of damages sought, where a Judge will determine if the behaviour constitutes harassment. You must provide evidence of the incidents, such as keeping a log of events, saving communications, or gathering witness testimonies. Collating this evidence in order to present before a court is something our experienced Dispute Resolution team can help you with.
5. Seeking an Injunction: In many cases, victims seek an injunction to prevent further harassment. An injunction is a court order that requires the harasser to stop their behaviour immediately. If the injunction is breached, the harasser can face criminal penalties, including imprisonment.
6. Claiming Compensation: In addition to an injunction, the claimant can also seek damages for emotional distress. This can include compensation for anxiety, mental health conditions such as depression, and any financial losses suffered as a result of the harassment (e.g., loss of income due to inability to work).Our skillful Dispute Resolution team can provide you with solid advice as to your position to claim compensation for a Harassment case.

Remedies and Compensation

Victims of harassment can pursue several remedies through the civil courts:

• Injunctions: As mentioned above, an injunction orders the harasser to cease their behaviour. Courts may issue one if the behaviour is persistent and causes serious distress.
• Compensation for Emotional Distress: Victims can claim compensation for the emotional toll of the harassment. This includes anxiety, fear, and any mental health conditions caused by the harassment.
• Financial Compensation: In cases where the harassment has caused financial harm, such as preventing the victim from attending work, they may also claim for financial losses. 

Harassment, whether in person or online, can have a significant emotional toll on victims. Fortunately, a civil harassment claim offers a path for legal redress. Through out-of-court undertakings, injunctions, and claims for damages, victims can stop unwanted behaviour and possibly even obtain compensation for their suffering. If you believe you are a victim of harassment, it’s essential to seek legal advice and explore your options to protect your rights and well-being.

Our experienced Dispute Resolution team is here to assist you through every step of the process, from initial letters requesting the perpetrator to cease their actions to full civil claims. Don’t suffer in silence—take action to regain control of your life.  Just call us on 01926 491181 or email: siobanc@moore-tibbits.co.uk

Article by: Florrie Talty - Sanghera | Trainee Solicitor