Trespass to the person

Question 1

Intention is required…- case law

Answer 1

Letang v Cooper [1965]

Question 2

Negligence will not suffice- case law

Answer 2

Iqbal v Prison Officers Association [2009]- subjective recklessness is included

Question 3

What is Battery?

Answer 3

intentional application of unlawful force to another person

Question 4

What does an actionable battery require?+ case law

Answer 4

1. intentional application of force
2. direct and immediate
3. for which the defendant has no lawful defence
   COLLINS V WILCOCK

Question 5

Harm/injury doesn’t have to be intended; only intention to touch- case law

Answer 5

William v Humphrey [1975]- pushed C into a pool. C broke ankle

Question 6

If D has the opportunity to stop inflicting the unwillingly unlawful force but chooses not to- why battery?

Answer 6

the intention is fulfilled- Fagan [1969]- over policeman’s foot

Question 7

What kind of touching will suffice for battery?

Answer 7

one that does not fall within the category of physical contacts generally acceptable in the ordinary conduct of daily life

Question 8

Prior to Collins v Wilcock, the court made attempts to describe the ‘touch’- give examples

Answer 8

Cole v Turner [1704]- touching in anger
Wilson v Pringle [1987]- hostile intent

Question 9

What does an actionable assault require?

Answer 9

• D intends that C apprehends the immediate and direct application of unlawful force
• C reasonably apprehends
  D has no lawful excuse

Question 10

the test for reasonable apprehension

Answer 10

Stephen v Myers [1830]

Question 11

the reasonable apprehension needs be of immediate and direct force- case law

Answer 11

Thomas v National Union of Miners [1986]-court held no assault here

Question 11

Even silence can amount to assault

Answer 11

R v Ireland [1998]- all depends on circumstances

Question 12

What is false imprisonment?

Answer 12

unlawful imposition of constraint on another’s freedom of movement from a particular place

Question 13

False Imprisonment could be lawfully committed- case law

Answer 13

ex parte Evans [2001]- prison governor miscalculated release date; didn’t intend to detain her longer than the duration
Esegbona [2019]- hospital didn’t assess a patient’s mental capacity as required; just refused to release her, because they thought she was incapable

Question 14

complete restriction, (not partial) of movement is required- case law

Answer 14

Bird v Jones [1845]

Question 15

the confinement could be for a short amount of time

Answer 15

Walker [2014]- merely a few seconds; police trapped C prior to lawful arrest

Question 16

False Imprisonment CANNOT be committed by an omission- case law

Answer 16

Iqbal v POA [2009]- during a prison officers’ strike; governor decided prisoners to be kept in cells- understaffed
Could also use Herd [1915]- miner not taken to the surface

Question 17

A claim for FI, can co-exist with claim under the HRA- case example and outcome

Answer 17

Austin and other v Commissioner of Police of the Metropolis [2009]- claim disallowed, because police actions were in good faith and proportionate

Question 18

What does the case of R (Lumba) [2011] tell us ? clue: £1

Answer 18

A foreign prisoner was detained pending his deportation- raised a claim for FI. Court held: only £1 in damages, as C would have been detained under whatever policy was used

Question 19

Case law on the defence of consent to trespass; clue- drunk woman; clothes

Answer 19

Pile v CC of Merseyside Police [2020]- woman too drunk at police station. POs removed her clothes, when she threw up over herself.- NO BATTERY

Question 20

a competent adult can withhold consent to treatment (even if life necessary) or the life of their unborn child- case law

Answer 20

Re MB (Caesarean Section) [1997]

Question 21

The test for capacity lies in statutory form

Answer 21

The Mental Capacity Act [2005]

Question 22

the defence of necessity- case law

Answer 22

F v West Berkshire Health Authority [1990]; Bland [1993]

Question 23

The defence of self-defence; how does it differ from criminal law?

Answer 23

in tort D’s belief must be both honest AND reasonable- Ashley v CC of West Sussex Police [2008]

Question 24

What is the tort in Wilkinson v Downtown [1897]?

Answer 24

D called C falsely telling her that her husband was badly injured in a car accident

Question 25

Discuss the case of Wainwright [2003]. Clue: distress; prison visit.

Answer 25

under tort in w v d a recognised form of psychiatric illness is required

Question 26

What did the case of Rhodes v OPO tell us?

Answer 26

for liability to arise under W v D, defendant must have intended to cause the relevant psychiatric harm to C

Question 27

What is the test for harassment?

Answer 27

a reasonable person in the possession of the same information would think the course of conduct amounted to harassment of the other

Question 28

Case of ABC v West Health Ltd- significance. Clue: pupil v teacher(school), nudity, harassment

Answer 28

First case where damages were awarded for sexting

Question 29

Cases where the Protection from Harassment Act was used

Answer 29

-publication of victimising newspaper articles- Thomas v News Group Newspapers
-sending mass emails and setting up websites- Merlin Entertainments LPC [2014]
- Facebook page on whereabouts of a convicted sex offender- GG v Facebook Ireland [2015]
-unjustified letters demanding payment- Ferguson v British Gas

Question 30

False imprisonment may occur even if C doesn’t know about the restriction- only nominal damages

Answer 30

Merring v Graham- White [1919]