Defending a civil harassment claim under the Protection from Harassment Act 1997

You have been served a claim form alleging harassment. The person suing you says your conduct amounts to a course of conduct which has caused them alarm or distress. You now have 14 days to respond, and your defence options depend on what actually happened and whether the claimant can prove the elements of their claim.

This guide explains what civil harassment is under English law, what the claimant must prove, the defences available to you, and the procedural steps ahead.

The short version

The Protection from Harassment Act 1997 allows individuals to sue for damages if someone has pursued a course of conduct that amounts to harassment. The claimant must prove:

1. A pattern of two or more occasions of conduct (not just one incident)
2. The conduct was harassment (alarming or distressing, or intended to)
3. You knew it would have that effect

You can defend yourself by proving:

• Your conduct was reasonable in all the circumstances
• You were pursuing the prevention or detection of crime
• You were acting under statutory authority
• The conduct did not happen as alleged
• It was not harassment at all, or
• You are not the person who did it

The court can award damages, issue injunctions (including urgent interim orders), and make cost orders against you. Your task is to prepare a written defence within 28 days and, if necessary, attend a hearing to argue the facts.

At a glance

Civil vs criminal harassment: The difference

The Protection from Harassment Act 1997 creates two separate offences:

Criminal harassment (section 2)

A person commits an offence if they pursue a course of conduct which amounts to harassment and they know it will amount to harassment. This is prosecuted by the Crown Prosecution Service or police. The standard of proof is "beyond reasonable doubt" (very high). If found guilty, the penalty is up to six months in prison or a fine, or both.

Civil harassment (section 3)

A person pursues a course of conduct amounting to harassment of another. That person may sue for damages and an injunction in civil court. The standard of proof is "balance of probabilities" (more likely than not, roughly 51 per cent). There is no prison sentence, but you may pay damages and the claimant's legal costs. If you breach an injunction, you can be held in contempt of court (which carries potential prison time).

You can face both at the same time. A criminal prosecution and a civil lawsuit can run in parallel. Your defence strategy may differ between the two.

What the claimant must prove

To succeed in a civil harassment claim, the other person must prove all of the following:

1. A course of conduct

Not a single incident, but at least two separate occasions. These could be emails, phone calls, messages, visits, or comments. They must be connected in some way (targeting the same person, following a pattern, or linked by theme).

2. Harassment

The court asks: Did the conduct amount to harassment? Harassment includes conduct intended to alarm or cause distress, or conduct calculated to alarm or cause distress. The threshold is not high. Even unwanted contact that the claimant did not explicitly say "stop", but which a reasonable person would find distressing, may qualify.

3. Knowledge

You must have known, or ought to have known, that the conduct would amount to harassment. This is an objective test: would a reasonable person in your position have foreseen it would alarm or distress the claimant?

4. Causation

The conduct caused the claimant to suffer loss, distress, or alarm. If they did not suffer harm, the claim may fail (though nominal damages can be awarded).

If the claimant cannot prove all four elements beyond the balance of probabilities, your defence succeeds.

Step 1: Acknowledge service (within 14 days)

When you receive the claim form and a response pack:

1. Decide whether you will defend the claim or admit it
2. File form N9 (Acknowledgement of Service) at your local county court within 14 days, stating that you intend to defend

Filing the acknowledgement gives you a further 14 days (to day 28) to file your full written defence. If you do not file it, judgment may be entered against you in default.

You can file by post, email (if the court accepts email filing), or online through HMCTS Online if you are represented by a solicitor.

Step 2: Consider your defences

Before you write your defence, gather evidence and identify which defence (or combination) applies:

Defences in statute (s1(3)):

These three defences are set out in the Act itself. If you can prove one, the court cannot find you liable for harassment.

Common-law defences:

You can also argue that the conduct did not occur as alleged, or that it was not harassment at all.

Defence: Pursued for the prevention or detection of crime (s1(3)(a))

You can defend yourself by proving that what you did was reasonably necessary to prevent or detect crime.

Example: You were investigating suspected theft in your workplace. You gathered evidence about the suspect's conduct. The suspect claims your investigation was harassment. You can defend yourself if you can show:

• You had reasonable grounds to suspect a crime
• Your inquiries (the course of conduct) were reasonably proportionate
• You were not acting out of spite or to intimidate

The court will examine whether your actions were genuinely aimed at crime prevention and whether the methods used were reasonable and proportionate.

Defence: Pursued under statutory authority (s1(3)(b))

You can defend yourself if you were carrying out a legal duty or power given to you by law.

Example: You are a bailiff acting under a writ of execution. You visit the debtor's home to seize assets. The debtor claims harassment. You can defend yourself because you are acting under statutory authority (the court order and the law that permits bailiffs to act).

This defence applies to police officers, trading standards officials, tax officers, and others acting in a statutory role. If you are a private individual, this defence is unlikely to apply.

Defence: Reasonable conduct in all the circumstances (s1(3)(c))

This is the broadest defence and applies in most defended cases. You can argue that, although you did the things alleged, your conduct was reasonable in all the circumstances.

What makes conduct "reasonable"?

The court balances your conduct against the claimant's conduct and the context. Examples:

• Legitimate dispute: You were asserting your legal rights in a business dispute. You sent emails demanding payment of a debt. The other person claims harassment. The court may find your demands were reasonable assertion of rights, not harassment.

• Provocation: The claimant provoked you repeatedly. You responded, but only proportionately. Your conduct may be reasonable even if you would not have acted that way "in a vacuum".

• Reasonable person test: Would a reasonable person in your shoes, with your knowledge and the information available to you, have acted in a similar way?

• Proportionality: Was the intensity, frequency, and nature of your conduct proportionate to any legitimate grievance?

This is a fact-dependent defence. You will need to present evidence (your own statement, emails, messages, witness evidence) showing the context and your state of mind.

Defence: Course of conduct did not occur as alleged

You can deny that the conduct happened at all, or that it happened in the way the claimant describes.

Examples:

• "I did not send those emails. The claimant forged them."
• "I did visit on one occasion, but not on the four occasions alleged."
• "The messages I sent were not threatening or distressing. They were routine business communication."

You will need to provide evidence: your own statement, records showing what you actually did, witnesses who can testify, or technical evidence (IT records) rebutting the claimant's account.

Defence: Conduct was not harassment in law

Even if you did what the claimant alleges, you can argue it was not "harassment" under the Act.

Harassment requires conduct that is intended to alarm or cause distress, or is calculated to do so. If your conduct was innocuous and the claimant's distress was unusual or irrational, you may succeed with this defence.

Example: You made legitimate criticism of the claimant's work in emails. The claimant found this distressing and now claims harassment. If your criticism was reasonable workplace feedback, not intended to alarm, a court may find it was not harassment.

Defence: Identification dispute

You can argue that you are not the person who did the harassing.

Example: The claimant claims someone called them abusive names on social media. The account is anonymous. You claim you did not create that account and did not make those posts. Burden is on the claimant to prove it was you.

Identification disputes often turn on forensic evidence (IP addresses, device data, account metadata) or witness evidence (who had access to the account, what you were doing at the time).

Interim injunctions and the claimant's first move

Often, the first thing the claimant does is apply to the court for an interim (temporary) injunction without notice to you. This is an emergency order asking the court to stop you from doing something immediately, pending the full trial.

How interim injunctions work:

The claimant applies to the court (sometimes without telling you in advance, "without notice"). They must prove:

1. A serious issue to be tried (they have a real case)
2. The balance of convenience favours granting the order (stopping you now is more important than preserving your freedom of action)
3. Damages would not be an adequate remedy if they wait for trial

If the judge agrees, they issue an order telling you to stop certain conduct immediately. Breach of an interim injunction is contempt of court and can result in prison time.

Your response:

You will be served with a copy of the injunction and the claimant's application. You have a right to attend an urgent "return date" hearing (usually within days) to argue against the order. You should instruct a solicitor immediately.

At the hearing, you can argue:

• There is no serious issue to be tried (their case is weak)
• Damages are an adequate remedy
• The balance of convenience is against granting the order (the harm to you of being stopped is greater than any harm to them)
• The claimant has not been honest or has misled the court

If an interim injunction is made against you, do not breach it. Even if you think it is unfair, breach is a separate offence. Challenge it in court instead.

Step 3: File your defence (within 28 days)

Within 28 days of service of the claim, file your written defence (form N9B) at the court.

Your defence should:

1. Identify which elements of the claim you dispute (did the conduct happen; was it harassment; did you know, etc.)
2. Set out your defence or defences (reasonable conduct; prevention of crime; statutory authority; conduct did not occur; was not harassment)
3. Be signed by you or your solicitor
4. Include a statement of truth (a declaration that you believe the contents are true)

What evidence to include:

Attach documents that support your defence:

• Emails or messages you sent (with full chains, showing context)
• Witness statements from people who saw or know what happened
• Records showing your conduct (calendars, logs, third-party confirmations)
• Evidence of your state of mind (was your conduct intended to be reasonable, not harassing)

You do not have to prove your case at this stage. You only need to put in enough evidence to show a defence exists.

Damages and costs exposure

If the claimant wins, the court can award:

Damages

• Compensatory damages for distress, alarm, and any quantifiable loss (e.g., therapy, lost earnings)
• Aggravated damages if your conduct was particularly malicious or insulting
• Exemplary damages in rare cases of reckless behaviour

Awards vary widely. A single instance of severe harassment might be worth 2,000 to 10,000 pounds. Prolonged campaigns can result in awards of 20,000 pounds or more. The claimant bears the burden of proving their loss.

Injunction

The court can issue an injunction ordering you to stop the conduct. The injunction often specifies:

• Which specific conduct is forbidden
• For how long (indefinitely, or for a set period)
• Breach can result in contempt of court (fine or prison)

Costs

The loser usually pays the winner's legal costs. If you lose and the claimant has instructed a solicitor, you may be ordered to pay their legal fees, court fees, and expert fees. Depending on the complexity and length of the case, this can range from 1,500 pounds to 20,000 pounds or more.

If you win, the claimant may be ordered to pay your costs.

Day to day: Timeline from claim to hearing

1. Day 0: You are served with the claim form, particulars of claim, and response pack
2. Day 14: Deadline to file acknowledgement of service (N9)
3. Days 1-28: Gather evidence and prepare your defence
4. Day 28: Deadline to file your written defence (N9B)
5. After day 28: The court allocates the case to a track (small claims, fast track, or multi-track) based on the amount of damages claimed and complexity
6. Weeks 4-12: Case management. The court may issue directions (orders about what evidence to exchange, deadlines for witness statements, etc.). You may attend a case management conference
7. Months 3-6: Exchange of evidence. Both sides disclose documents and file witness statements
8. Weeks 12-16: Pre-trial review. The judge may encourage settlement
9. Hearing date: Trial lasts one to three days (for most harassment cases). You will give evidence and be cross-examined. The claimant will do the same. The judge then decides

Not every case goes to trial. Many settle during the case management or evidence exchange phase. The court encourages settlement at every stage.

Common misconceptions

"I can ignore the claim if I think it's unfair."

No. Ignoring the claim will result in a default judgment against you, meaning the claimant wins without having to prove anything. You must acknowledge service and file a defence.

"The claimant has to prove it was me, so I can just deny everything."

True, the claimant must prove you did it. But if you deny everything without providing any evidence, and the claimant's evidence (emails from your account, witnesses placing you at the scene) is strong, the judge may still find against you. You need to provide credible evidence supporting your denial.

"Harassment has to be extreme to count."

No. The threshold for civil harassment is lower than many people expect. A course of conduct that a reasonable person would find distressing can amount to harassment, even if it was not violent or contained no threats.

"If we had a disagreement, I have the right to defend myself."

You have a right to express your views and defend your position. But the way you do it matters. Repeated contact after being told to stop, aggressive language, threats, or intimidation can cross the line into harassment, even if you believe you are justified.

"An interim injunction means I've lost."

No. An interim injunction is a temporary measure based on what the judge thinks is convenient at that moment. It does not decide the case. You still have a full trial to prove your defence. Many interim injunctions are discharged or modified later.

Related concepts

• Defamation claims and replies
• Cyberbullying and online harassment
• Restraining orders and non-molestation orders
• Malicious prosecution and abuse of process
• Court procedure: Acknowledgement of service
• Writing a defence statement
• Costs orders and cost budgets
• Evidence and witness statements
• Interim injunctions: How to oppose them
• Settlement and ADR (mediation)

Sources

• Protection from Harassment Act 1997 - Sections 1 (civil harassment), 2 (criminal harassment), 3 (civil remedy), and s1(3) (defences): https://www.legislation.gov.uk/ukpga/1997/40
• Ministry of Justice - Civil Court Procedure - CPR Part 17 (Participation of Parties Not Legally Represented); CPR Part 15 (Defence and Reply): https://www.justice.gov.uk
• Citizens Advice - Harassment - Guidance on harassment claims and defences: https://www.citizensadvice.org.uk

Disclaimer

This page provides general information about defending UK civil harassment claims under the Protection from Harassment Act 1997. It is not legal advice. Every case is unique, and your defence will depend on the specific facts, evidence, and law applicable to your situation. You should instruct a solicitor or barrister to advise you on your claim and represent you in court. If you cannot afford a solicitor, you may be eligible for legal aid (check your eligibility at: https://www.legalaid.gov.uk).

Written by Peter Kolomiets, founder of CaseCalm. UK content reviewed 2026-05-28.