Introduction to Wrongs to the Person Flashcards
Ashley v Chief Constable of Sussex [2008]
Example that wrongs/trespass torts not just about compensation - PURPOSE OF VINDICATION.
Ashley - drug trade - known to have history of violence against police.
Police raided his flat one morning (armed) - he was asleep, naked and when police came in, he jumped up.
One officer claimed that that Ashley was armed and coming towards him, so shot and killed him.
Officer acquitted from murder charge (sufficient to make out self-defence in criminal law)
BUT - tort claims
Claimant (family) succeeded in negligence and compensated.
One issue - COULD THEY ALSO BRING A CLAIM IN BATTERY, EVEN THOUGH ALREADY COMPENSATED?
Held; that no reason in principle why they couldn’t — WRONGS/TRESPASS TORTS NOT CONFINED TO COMPENSATORY PURPOSE BUT VINDICATORY PURPOSE.
Recognition that claimant had been wronged.
Importance of right to bodily integrity.
Thus actionable damage not like in negligence: Lord Roger - “without proof that the victim has suffered anything other than the infringement of his right to bodily integrity”
Nominal damages.
F Trindade
The trespass torts “not only provide compensation for the victims of these torts but they also have an important role to play in the vindication of constitutional rights.”
