Anfield Tam on Harassment as a Common Law Tort and the Limits of Corporate Standing (Lloyd's Maritime and Commercial Law Quarterly)

"Harassment as a Common Law Tort and the Limits of Corporate Standing"
Anfield Tam (PCLL graduate)
Lloyd's Maritime and Commercial Law Quarterly
Published online: August 2026

Abstract: Sir Elly Kadoorie & Sons Ltd v Samantha Jane Bradley marks the first time that an apex court in a common law jurisdiction has recognised a common law tort of harassment, but it was also held, rightly, that a corporate entity has no standing in its own right to claim for it. While the Hong Kong Court of Final Appeal should be praised for keeping the common law abreast of technological advancements, the reasoning of the ruling would have been more convincing if the tort had not been justified as a departure from the recognised psychiatric condition requirement for compensable mental distress, but based on a personal right of being treated with dignity. Furthermore, while the Court was principled in limiting harassment to only natural persons, it also outlined the doctrinal justifications for corporate entities to restrain harmful acts against its employees.