3. Defences

Question 1

Cash v Chief Constable of Lancashire Constabulary (2008)

Answer 1

Case: Police officers entered premises to look for horse they had believed to be stolen - but had not warrant.

Defendant liable. Claimant awarded.

Principle: Trespass is committee of the defendant enters the claimant’s land without the claimant’s express or implied permission.

Question 2

Rigby v Chief Constable of Northamptonshire (1985)

Answer 2

Case: Held necessity was a defence provided that there was no negligence on the part of the defendant in contributing to the state of necessity.

Principle: It is not trespass if the defendant can show it was necessary to enter claimant’s land.

Question 3

Monsanto v Tilly (1999)

Answer 3

Case: Campaigners protesting against crop testing for genetically modified foods entered land and pulled up crops. Defendant liable.

Principle: Necessity can’t be used as a defence if the defendant can’t show that it was necessary to enter the claimant’s land.

Question 4

What are the defences used trespass to land by defendant?

Answer 4

1) Licence
2) Justification by law
3) Necessity

Along with the other defences in tort.

Question 5

What is licence?

Answer 5

Trespass is not commuted if defendant enters claimant’s land with claimants expressed or implied permission.

Only members of the public have implied licence to approach premises with ligament enquiry. Police without a search warrant in same position.

Cash v Chief Constable of Lancashire Constabulary

Licence remains unless defendant exceeds terms of licence or claimant legally revoked it.

Certain notices (e.g keep out) or clear words by occupier indicolite implied licence has been revoked.

Licencee must be given reasonable time to leave.

Question 6

What is justification by law?

Answer 6

Act which normally count as trespass are not when justification by law is provided.

E.g police power under Police and Criminal Evidence Act to enter premises and search.

When defendant’s entry has been permitted by authority of law and defendant then abuses that right - defendant becomes trespasser (but act must be wrongful)

Question 7

What is necessity?

Answer 7

It is a defence to show it was necessary to enter claimant’s land:

Rigby c Chief Constable of Northamptonshire.
Monsanto v Tilly