• The team ‘brings a strong wealth of experience in dealing with criminal litigation into the complex world of fraud’ and the ‘talented lawyers demonstrate the highest professional standards’.

    The Legal 500 UK 2017

  • Andrew Smith is "a very accomplished and knowledgeable extradition practitioner." He is recommended for his abilities in politically sensitive matters involving high-profile figures.

    Chambers UK 2016

  • At Corker Binning, department head Robert Brown ‘has the rare ability to nip potential prosecutions in the bud’.

    Legal 500 2014

  • David Corker represents clients caught up in both serious fraud and criminal offences. He is extremely well regarded and maintains a high-quality practice. The last year has seen him work on mobile phone hacking cases relating to Operation Weeting.

    Chambers UK 2013

  • David Corker is a seasoned criminal defence partner with extensive experience in domestic and cross-border fraud matters. Sources say he is "very highly regarded and able to think laterally, often coming up with surprising solutions to problems."

    Chambers UK 2016

  • “Up-and-coming” partner Andrew Smith is singled out as a “star of the future,” who “will ring bells.”

    Chambers UK 2014

  • [Robert Brown is] a Rolls-Royce solicitor, providing Rolls-Royce services.

    Spear’s 500

  • Corker Binning is renowned for tackling high-profile work. The capabilities of the practice are deemed to be outstanding, and the lawyers regularly take on a variety of cases covering public protest, extradition, assault and the representation of corporates. Whilst the team maintains a stellar private practice it continues to take on some publicly funded cases.

    Chambers UK 2013

Harassment

The Protection from Harassment Act 1997 creates criminal and civil law remedies for a person who considers themselves to be the victim of actual or anticipated harm from harassment.

What amounts to harassment? The 1997 Act defines it in broad terms, and so a working definition has only emerged from case law: conduct targeted at an individual calculated to cause them alarm or distress and which is unreasonable. Harassment is therefore highly fact-dependant. The issues at stake are likely to be whether the conduct was (a) so calculated and (b) unreasonable. In drawing these boundaries, the courts have distinguished between conduct which is unattractive or regrettable and that which they regard as unacceptable. The courts also insist that selfish or anti-social behaviour of some sort which is not directly aimed at someone is not harassment, although it may cause distress to many.

Harassment therefore needs to be targeted. However, it is not only the victim or target  of harassment who can bring a harassment claim. The courts have recently extended the class of potential claimants beyond this to include those who are directly and foreseeably harmed by the conduct. This, for example, can include those living with the target who become caught up in the harasser’s campaign; what the courts have termed ‘collateral damage’.

If you believe you are the victim of harassment, you can bring a civil claim against the perpetrator which, if upheld by the court, can lead it to make a series of banning orders as well as order her/him to pay you compensation. Alternatively, or in conjunction with this civil claim, you can ask the police to intervene leading to a prosecution. In most instances the police will not prosecute until after ‘words of advice’ have been given to the perpetrator and have then been ignored. However, if you are unsatisfied with the police’s apparent lack of vigour, you can launch a private prosecution.

If you are alleged to be the perpetrator in either a civil or criminal litigation mounted against you, you will probably want to show that it is mistaken, unjustified or if it relates to something you wrote, an attempt to infringe your right to free speech. This firm has experience of negotiating penalties for those suspected of committing the crime of harassment, particularly Police Information Notices, which can be issued in lieu of a criminal charge, and so allow the suspect to avoid the stress and uncertainty of criminal proceedings.

Corker Binning has many years’ experience in acting for potential and actual claimants and defendants in harassment claims. It has worked alongside family and civil litigation teams in other firms to provide an expert criminal law perspective to them when advising a client whether to take action.

More

For more information on how we can help you, please call us on 020 7353 6000.

You can also read our general crime lawyers’ comments and analysis on recent cases and developments in the Corker Binning Blog.

Named as key individuals in the field of Crime by Chambers UK 2017:

chambers-2017
Top_tier_firms

Robert Brown – Star Individual

Jessica Parker – Up and Coming

  • Corker Binning is ranked in Band 1 of recommended firms for Crime by  Chambers 2017.
  • Corker Binning is ranked as a first tier firm for Crime by Legal 500 2016 and Robert Brown is named as a leading individual for Crime.
  • Robert Brown is the only member of a criminal firm to have been ranked in the Top 10 leading lawyers in the Super Lawyers London 2014 Annual List.