Trespass To The Person

Question 1

Collins v Wilcock

Answer 1

Facts: • A police officer restrained a woman she believed to be a prostitute
• Woman scratched police officer and was arrested for assaulting a police officer
• D appealed on grounds of self defence

Judgment: Appeal successful

L.P: •scratching was self defence

•Lord Goff defined terms:

Battery: “A battery is the actual infliction of unlawful force on another person”

Assault: “ An assault is an act which causes another person to apprehend the infliction of immediate unlawful force on his person”

False Improvement: “ the unlawful imposition of constraint upon another’s freedom of movement from a particular place”

Question 2

What are the three elements needed to prove battery?

Answer 2

1. ) Intentional application of…
2. ) …unlawful touching…
3. ) .. with direct and immediate force.

Question 3

Williams v Humphrey

Answer 3

Facts: • Pushed friend into a pool and he broke his ankle.
• Friend says they didn’t mean to but it didn’t matter

L.P: • reason for unlawful touching does not matter

Question 4

Livingstone v Ministry of Defence

Answer 4

Facts: • During a riot a baton round was fired and unintentionally struck C
•C sued for battery

Judgment: Claim succeeded

L.P: • Intent is not required
• Transferred Intent

Question 5

What are the three elements of assault?

Answer 5

1. ) Intention of D
2. ) C must reasonably apprehend…
3. ) the immediate and direct application of unlawful force

Question 6

Stephens v Myers

Answer 6

Facts: • Chair of the parish council (C) said he would throw D out of the meeting for being disruptive
• In response D threatened C with a clenched first and was stopped by the vicar

Judgment: Claim successful

L.P: • Irrelevant whether actually in fear or could have defended himself, as long as apprehension is there

Question 7

Tuberville v Savage

Answer 7

Facts: • Action of assault, battery and wounding
• Evidence being a statement by D
• “ If it we’re not assize time, I would not take such language from you”
• It was assize time

Judgment: no assault

L.P: • No intention for assault
• D said he would not assault C

Question 8

Thomas v National Union of Mineworkers

Answer 8

Facts: • During miners strike miners sought an injunction against National Union of mineworkers to prevent its members harassing and verbally abusing them on way to work
• Miners surrounded by police guard

Judgment: Claim failed

L.P: • No assault is committed when C knows D is in no position to commit a battery

Question 9

R v Ireland

Answer 9

Facts: • Appellant made lots of phone calls to three different women and remained silent when they answered
• All three suffered psychological damage

Judgment: Assault found

L.P: • Assault can be words or gestures alone
•

Question 10

What are the three elements of false imprisonment?

Answer 10

1. ) intention of D…
2. ) ..to completely restrict C’s freedom of movement..
3. )..without lawful authorisation

Question 11

Bird v Jones

Answer 11

Facts: • C tried to pass in s particular direction and was obstructed by D
• Prevented him from going in any direction but one

Judgment: Claim failed

L.P: • FI must be complete restraint, he had the opportunity to go a different way

Question 12

Iqbal v Prison Officers Association

Answer 12

Facts: • C was a prisoner who’s daily routine included 6 hours out of his cell
• D, a trade union ordered an unlawful strike
• prisoners were ordered to remain in their cells
• C brought an action for false imprisonment

Judgment: No Claim

L.P: • No act, only an omission
• no intention for FI

Question 13

What are the three defences?

Answer 13

1. ) Consent
2. ) Necessity
3. ) Self- defence