Trespass to the person torts

Question 1

What are the trespass torts?

Answer 1

Battery - the actual infliction of unlawful force on another person (Collins v Wilcock).

Assault - an act which causes another person to apprehend the infliction of immediate, unlawful force on his person (Collins v Wilcock)

False Imprisonment - ‘the unlawful imposition of constraint on another’s freedom of movement from a particular place (Collins v Wilcock)

Question 2

Characteristics of the torts

Answer 2

Must:

• Be committed intentionally
• Cause direct and immediate unlawful interference with the claimant’s personal integrity

Question 3

Intention

Answer 3

Must be intentional, not negligent

Wilful and voluntary act (Letang v Cooper)

Subjective recklessness (Iqbal v Police Officers Association)

Question 4

Unlawful interference and awarding damages

Answer 4

It is the actual interference (eg the actual apprehension or infliction of unlawful contact) that warrants DAMAGES

Can also get damages for consequential harm (eg psychiatric injury)

Not only about getting compensation:
Ashley v Sussex Police (wanted recognition of battery beyond negligence

Question 5

Battery

Answer 5

Intention:
- As to the contact, not consequences (Williams v Humphrey pool case).

Direct and immediate:

• Distinguish from negligence. Log analogy (Reynolds v Clarke)
• Firework (Scott v Shepard)

Application of unlawful force:

• Beyond that which is ‘generally accepted in the ordinary conduct of daily life’ (Goff in Collins v Wilcock and Re F)
• No need for hostility (Re F)

Question 6

Assault

Answer 6

Intention:
- intended that C would see/hear the threat

Direct and immediate
- must reasonably apprehend infliction of IMMEDIATE harm (Stephen v Myers

Unlawful force:

• must actually apprehend (eg can they see?)
• D must have means of carrying out threat (Thomas v Union of Miners)
• Silence is enough (R v Ireland)
• Conditional threat is enough (Read v Coker)

Question 7

False imprisonment

Answer 7

Intention:

• must be an intentional positive act, or in limited circumstances, an omission (Iqbal v Police Officers Association)
• D does not have to intend the imprisonment be unlawful (R v Governor of Brockhill Prison)

Direct and immediate:
- the act/omission must be the direct and immediate cause for the loss of liberty (Iqbal v Police Officers Association)

Need complete restriction of movement / no reasonable means of escape (R (ota Jollah) v SS for Home Department)

Unlawful:

• often depends on powers of arrest or detention (Walker v Commissioner of Police of the Metropolis)
• Where D is a public authority (per HRA), there may also be action for damages per Art 5, but note it is a qualifying right (Austin v UK)