Protection from Harassment Act 1997 (Scotland)

18 Jun 2026

By John Kydd, Partner, Litigation and Dispute Resolution at Gilson Gray.

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.

The information and opinions contained in this blog are for information only.  They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice.  Before acting on any contained in this blog, please seek solicitor’s advice from Gilson Gray.