intro to tresspas- 1 Flashcards
3 forms of trespass to the person
battery, assault, false imprisonment
what statutory act do we use
Protection from Harassment Act 1997
what case do we use the rule from
Wilkinson v Downton
what is the purpose of bringing a civil claim in this area
compensating due to harm caused by wrongdoing- level of compensation depends on extent of harm caused
what is the standard of proof in ciivl law for this area
balance of probabilities
case for abuse of power and false imprisonment
Lumba v Secretary of State
what are gendered harms
societies ideas of men and women that have led to men in most cases having more power e.g. more male judges than women
how could gendered stereotypes be a negative for society
it could all feed into sexual violence
pregnancy case for gendered harms
-McFarlane v Tayside Health Board
who has talked about inequalities becoming sexualised
Monaghan: ‘gendered harms and the role of tort’
trespass to the person involves …
an infringement of an individual’s personal, mental or bodily integrity
trespass to the person is actionable …
actionable per se- without proof of loss- violation of the bodily or mental integrity
the 3 trespass to the person torts are described in what case
Collins v Wilcock
what is assault
- ‘an act which causes another person to apprehend the infliction of immediate, unlawful force on his person’
what is battery
the actual infliction of unlawful force on another person’
what is false imprisonment
-‘the unlawful; imprisonment of constraint on another’s freedom of movement from a particular place’
the torts must: cause what? and be committed how?
- Cause a direct and immediate unlawful interference with the claimant’s personal integrity
- Be committed intentionally (differ from negligence)
what does intention mean (2)
- wilful and voluntary act
- subjective recklessness
case for intention
Letting v Cooper
case for subjective recklessness
- Iqbal v Prison Officers Association
what does Smith LJ say about intention and torts against the person
‘It is well established that all forms of trespass require an intentional act’
what 2 things warrant damages
- the unlawful interference
- the consequential harms and losses
what was the question asked in Ashley v Chief Constable of Sussex Police
could the case go to the HoL after receiving compensation in the form of damages?
outcome in Ashley v Chief Constable of Sussex Police
HoL said yes case can still be appealed to HoL even after receiving damages
-This is because what the C’s wanted was an indication of their rights, by a court recognizing that the police had intentionally and unlawfully committed battery in the shooting.
outcome in Lumba
-SC said there was false imprisonment, they had been unlawfully detained- an unlawful policy had been followed and secretary of state had abused power
what did the C receive in Lumba
nominal damages instead of compensation- a small amount to recognise that harm had been done
why did Lord Browne-Wilkinson and Baroness Hale dissent to the nominal damages in Lumba
they argued that full compensation should have been awarded because nominal damages would undervalue the wrong of the tort, that the imprisonment was unlawful- it undervalues the right that we should be free from arbitrary detention
what is the purpose of taking these criminal act cases to a civil court often about
it is about vindicating rights, and trying to ensure that the state is not abusing its powers.
