Tort of Trespass Flashcards
1
Q
Relevant for
A
Article 11
2
Q
Rights
A
Appleby- here is no right to assembly/protest on private property
This means anyone who does so faces a claim for trespass
Ellis - minimal intrusion is needed to count as a trespass
3
Q
elements
A
direct interference with land
Voluntary interference
Awareness of trespass by the claimant landowner
No harm or damage needed
The trespasser has no permission to be there, or has exceeded the permission which they originally had (The Calgarth case)
