Trespass to the person Flashcards
Intention is required…- case law
Letang v Cooper [1965]
Negligence will not suffice- case law
Iqbal v Prison Officers Association [2009]- subjective recklessness is included
What is Battery?
intentional application of unlawful force to another person
What does an actionable battery require?+ case law
- intentional application of force
- direct and immediate
- for which the defendant has no lawful defence
COLLINS V WILCOCK
Harm/injury doesn’t have to be intended; only intention to touch- case law
William v Humphrey [1975]- pushed C into a pool. C broke ankle
If D has the opportunity to stop inflicting the unwillingly unlawful force but chooses not to- why battery?
the intention is fulfilled- Fagan [1969]- over policeman’s foot
What kind of touching will suffice for battery?
one that does not fall within the category of physical contacts generally acceptable in the ordinary conduct of daily life
Prior to Collins v Wilcock, the court made attempts to describe the ‘touch’- give examples
Cole v Turner [1704]- touching in anger
Wilson v Pringle [1987]- hostile intent
What does an actionable assault require?
- D intends that C apprehends the immediate and direct application of unlawful force
- C reasonably apprehends
D has no lawful excuse
the test for reasonable apprehension
Stephen v Myers [1830]
the reasonable apprehension needs be of immediate and direct force- case law
Thomas v National Union of Miners [1986]-court held no assault here
Even silence can amount to assault
R v Ireland [1998]- all depends on circumstances
What is false imprisonment?
unlawful imposition of constraint on another’s freedom of movement from a particular place
False Imprisonment could be lawfully committed- case law
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
complete restriction, (not partial) of movement is required- case law
Bird v Jones [1845]
the confinement could be for a short amount of time
Walker [2014]- merely a few seconds; police trapped C prior to lawful arrest
False Imprisonment CANNOT be committed by an omission- case law
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
A claim for FI, can co-exist with claim under the HRA- case example and outcome
Austin and other v Commissioner of Police of the Metropolis [2009]- claim disallowed, because police actions were in good faith and proportionate
What does the case of R (Lumba) [2011] tell us ? clue: £1
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
Case law on the defence of consent to trespass; clue- drunk woman; clothes
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
a competent adult can withhold consent to treatment (even if life necessary) or the life of their unborn child- case law
Re MB (Caesarean Section) [1997]
The test for capacity lies in statutory form
The Mental Capacity Act [2005]
the defence of necessity- case law
F v West Berkshire Health Authority [1990]; Bland [1993]
The defence of self-defence; how does it differ from criminal law?
in tort D’s belief must be both honest AND reasonable- Ashley v CC of West Sussex Police [2008]
What is the tort in Wilkinson v Downtown [1897]?
D called C falsely telling her that her husband was badly injured in a car accident
Discuss the case of Wainwright [2003]. Clue: distress; prison visit.
under tort in w v d a recognised form of psychiatric illness is required
What did the case of Rhodes v OPO tell us?
for liability to arise under W v D, defendant must have intended to cause the relevant psychiatric harm to C
What is the test for harassment?
a reasonable person in the possession of the same information would think the course of conduct amounted to harassment of the other
Case of ABC v West Health Ltd- significance. Clue: pupil v teacher(school), nudity, harassment
First case where damages were awarded for sexting
Cases where the Protection from Harassment Act was used
-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
False imprisonment may occur even if C doesn’t know about the restriction- only nominal damages
Merring v Graham- White [1919]
