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However, whilst it is 'evident that the 1997 Act created an offence of potentially enormous scope, 'Not any trivial act of harassment will do; there is a minimum level of alarm and distress which must be suffered in order to constitute harassment.' [7] This has been specified in previous case law that mere alarm or distress might not be enough ...
Section 5 of the Act gives the court in criminal cases a power to grant restraining orders and section 5A, introduced by the Domestic Violence, Crime and Victims Act 2004, extends this power to cases where the defendant was acquitted, if the court "considers it necessary to do so to protect a person from harassment by the defendant.".
Injunctions in English law are a legal remedy of three types. Prohibitory injunctions prevent an individual or group from beginning or continuing actions which threaten or breach the legal rights of another. Mandatory injunctions are rarer and compel a person to carry out a certain act such as make restitution to an injured party.
An injunction is an equitable remedy [a] in the form of a special court order that compels a party to refrain from specific acts. [1] [2] It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict".
Constitutional law, Devolution in the UK: Providing postcode lists to the Secretary of State for Work and Pensions was not a "devolution issue" or capable of being incompatible with the European Convention on Human Rights. Therefore, the Supreme Court refused to accept the application by the Attorney General for Northern Ireland. [2]
thereby causing that or another person harassment, alarm or distress. (2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the person who is ...
Sections 4 and 10 of the Human Rights Act 1998 are provisions that enable the Human Rights Act 1998 to take effect in the United Kingdom. Section 4 allows courts to issue a declaration of incompatibility where it is impossible to use section 3 to interpret primary or subordinate legislation so that their provisions are compatible with the articles of the European Convention of Human Rights ...
An injunction is an order made by the court to stop a public body from acting in an unlawful way. Less commonly, an injunction can be mandatory, that is, it compels a public body to do something. Where there is an imminent risk of damage or loss, and other remedies would not be sufficient, the court may grant an interim injunction to protect ...