Defences to Trespass Flashcards
What principle was established in Chatterton v Gerson?
Once the patient is informed in broad terms of the nature of the procedure and consents, that consent is real. Claims for failure to explain risks and implications fall under negligence, not trespass.
What were the facts and ruling in Blake v Galloway
Claimant and defendant were throwing wood chippings at each other; claimant was hit in the eye. The court held that the claimant had impliedly consented to the risk of being struck in accordance with the game’s conventions.
Herd v Weardale Steel Coal & Coke Co Ltd
A miner voluntarily descended into a mine under contract.
What principle was established in F v West Berkshire Health Authority?
Non-consensual sterilization of a woman with severe mental disabilities. Necessity can justify what would otherwise be a trespass to the person.
What did Lord Goff explain in Re F?
Necessity as a justification includes:
1) Public necessity:
2) Private necessity:
3) Action taken to assist another person without consent.
What principle was established in Ashley v Chief Constable of Sussex Police?
Defendant’s belief must be both honest and reasonable for self defence.
What does the Criminal Justice Act 2003 s 329 state
Defendant can claim self defence if the action was to prevent crime and was not grossly disproportionate.
What does the Prisons Act 1952 s 12(1) provide. (lawful authority defence)
Authority to imprison protects prison authorities from false imprisonment actions within the prison but does not prevent other actions like negligence.
What principle was established in Hague v Deputy Governor of Parkhurst Prison
Prisoners act was intended to help prison governance, not benefit the prisoners.
Unlawful treatment of a prisoner after their lawful detention does not make the detention unlawful.
What were the facts and ruling in Wilkinson v Downton.
Defendant told the barmaid her husband was lying with broken legs as a joke, causing severe shock. The court created a new tort: intentional infliction of mental shock.
application of Wilkinson in Wainwright v Home Office
Strip searches of visitors to a prison without statutory authority did not apply Wilkinson v Downton.
What principle was established in O (A Child) v Rhodes
Three elements for Wilkinson tort:
1) Conduct element: Words or conduct directed towards the claimant without justification.
2) Mental element: Intention to cause physical harm or severe mental distress; recklessness does not suffice.
3) Consequence element: Requires physical harm or recognized psychiatric illness.
PHA discussion in Majrowski v Guy’s and St Thomas’ NHS Trust
Courts recognize the boundary between unattractive conduct and oppressive, unacceptable conduct. The gravity of misconduct must sustain criminal liability under section 2.
Hayes v Willoughby, defence for PHA
Conduct pursued for preventing or detecting crime must be rational, not merely subjective. Actions not rationally connected to crime prevention fail to meet the defence criteria.
Iqbal v Dean Manson Solicitors application of PHA
Harassment can arise from the course of conduct rather than each instance. Harm does not need to be foreseeable; defendant is responsible for injury and loss flowing from the conduct.
