MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- Curtin
(1) In the CCTV footage, Mr Curtin can be seen to be crossing the road. There is nothing more to this incident than that. It caused Ms Read slightly to slow her vehicle. She did not stop, and she was caused no obstruction. There was no obstruction of the carriageway. There was no public nuisance (2) I cannot accept Ms Read’s evidence in relation to this incident. Having reviewed the footage – as apparently Ms Read also did when making her statement – I conclude that an element of paranoia must have contributed to Ms Read’s perception of this incident. Like some other witnesses, Ms Read is clearly fearful of what Mr Curtin might do, rather than rationally assessing what he has actually done. There was nothing remotely intimidating in Mr Curtin’s action of crossing the road. Objectively, there was nothing in the incident that should have caused her any fear. (3) The inclusion of this incident in the Claimants’ claim against Mr Curtin is remarkable. The evidence simply does not demonstrate, even arguably, any wrongdoing by Mr Curtin. Based on the evidence available to the Claimants, this allegation should not have been pleaded or pursued. (2) Unpleaded allegations against Mr Curtin 280. There are three further incidents of alleged harassment that were raised in the Claimants’ evidence and pursued in cross-examination with Mr Curtin that did not form part of the Claimants’ pleaded case against him. I raised the lack of pleaded allegations with Ms Bolton during Mr Curtin’s cross-examination. I expressed the provisional view that, if they were to be relied upon as part of the course of conduct alleged to amount to harassment against Mr Curtin, then they ought to be pleaded. Ms Bolton did not return to the issue until addressing the issue in her closing submissions. No application to amend was made by the Claimants. 281. In her closing submissions, Ms Bolton said that it was “ regrettable ” that the details of these three incidents had not been pleaded, they had only come to light when draft witness statements were received. The Claimants’ position – as advanced in their closing submissions – is that “ whilst no ‘claim’ is brought in relation to these incidents, it is submitted that they are important incidents that should inform the Court’s view of the strength of the pleaded harassment claim against Mr Curtin, and the likelihood of further acts of harassment occurring ”. 282. I will return below to how I intend to deal with these unpleaded allegations after summarising them and the evidence that has been presented during the trial. 7 September 2021 283. This was an incident concerning Mr Manning. In his witness statement, Mr Manning said this:
“… on 7 September 2021, [Mr Curtin] approached me at the Gate and said he had some personal details I would not want anyone else to see, which [Mr Curtin] had been given by a member of staff or security who passed it to [Mr Curtin] through the car window. He would not tell me what the details were or what he would do with them, but said that he could contact me at any time and that I would
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