Trespass to Land & Trespass to the Person Flashcards
Must have exclusive possession for a claim in trespass
Street v Mountford (1985)
Trespass includes airspace and land below the surface
Anchor Brewhouse Developments v Berkley House (1987)
Right to peaceful protest may not cause trespass on the highway
City of London v Samede (2012)
Must be reasonable apprehension of battery
Thomas v NUM (1985)
Words can cancel an assault
Turberville v Savage (1669)
Case defining types of trespass to the person
Collins v Wilcock (1984)
Defence of necessity to false imprisonment
Austin v Commissioner of Police (2009)
Rule against wilfully committing an act or making a statement calculated to cause psychiatric or physical harm
Wilkinson v Downton (1897)
Case considering modern use of rule in Wilkinson v Downton
Rhodes v OPO (2015)
Silence can constitute an assault
R v Ireland (1997)
Necessity is a defence to lack of consent in medical cases
F v West Berkshire HA (1989)
False imprisonment can be claimed even if the claimant is unconscious
Meering v Grahame White Aviation (1919)