UK: England and Wales: is a company a person?

This question arose in SmithKline Beecham plc v Avery [2009] EWHC 1488 (QB), where it was argued that a company was not a person for the purposes of Section 1(1A)(c) of the Protection from Harassment Act (1997). Jack J. rejected this argument and, with reference to the definition of person in Schedule 1 of the Interpretation Act (1978), held that “person” in S. 1(1A)(c) of the Protection from Harassment Act (1997) was not limited to individuals and could include a body corporate. SmithKline Beecham plc was therefore entitled to apply for an injunction in respect of the unlawful harassment of its employees. 

Notes:

[a] The decision has not yet been published on BAILII but a summary has been provided here by the ICLR as part of its WLR(D) service. Update (8 July 2009): the decision is now available on BAILII: see here.

[b] Section 1(1A) of the 1997 Act was inserted by Section 125 of the Serious Organised Crime and Police Act 2005. The Protection from Harassment Act (1997) on the Statute Law Database has not yet been updated to reflect this amendment.