Harassment can be deeply distressing, and in Scotland, it doesn’t need to be criminal to be unlawful.
Under Section 8 of the Protection from Harassment Act 1997, individuals and businesses may pursue a civil harassment claim, even where no police action has been taken.
A claim may arise where there is a course of conduct (two or more incidents) that causes alarm or distress, and which a reasonable person would consider to be harassment. Common examples include:
- Persistent unwanted contact or communications
- Neighbour disputes
- Workplace or employment‑related conduct
- Online or social media harassment
- Commercial or professional conflicts
Crucially, criminal proceedings are not required. The Scottish courts can grant powerful civil remedies, including:
- Interdicts to prevent further harassment
- Interim interdicts for urgent protection
- Damages for anxiety, distress and financial loss
The courts will assess reasonableness, context and legitimacy of purpose, meaning not all repeated conduct will amount to harassment. Early legal advice is often decisive, whether you are seeking protection or responding to an allegation.
At Gilson Gray, our dispute resolution solicitors regularly advise on harassment claims in Scotland, interdicts, and reputational risk, acting for both pursuers and defenders.
If you require confidential advice on civil harassment law, please get in touch.
John Kydd
Partner, Litigation
Phone:01382 549 321
Email: JKydd@gilsongray.co.uk
Gilson Gray LLP
An award-winning full service Scottish law firm: launched in 2014 and grown from 30 to 130 people in that time. We help our clients with business matters, commercial and residential property and estate agency, personal matters including wills and family law, and dispute resolution.
