Trespass to the Person

Assault

an act which causes another person to apprehend the infliction of immediate, unlawful force on his person

Battery

the intentional application of unlawful force to another person.

False Imprisonment

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

An actionable assault requires that:

▪ (1) the defendant intends that the claimant apprehends the immediate and direct application of unlawful force;

▪ (2) the claimant reasonably apprehends the immediate and direct application of unlawful force;

▪ (3) for which the defendant has no lawful justification or excuse.

Assault intention

o the defendant must have acted voluntarily, in intending to cause the claimant to apprehend the application of immediate unlawful force,

Assault-The claimant’s apprehension of force is subject to

The claimant’s apprehension of force is subject to the usual tortious objective reasonableness test: what would a reasonable claimant in a similar situation have apprehended?

Assault- Stephens v Myers (1830)

Restrained before striking, held as an assault as claimant feared harm

Assault-Thomas v National Union of Miners (South Wales Area) [1986]

if a defendant threatens force but cannot actually carry out the battery, no assault will exist.

Assault-R v Ireland (1998)

Silent telephone calls amount to assault as claimant feared imminent force

Assult-Lord Steyn quote

Lord Steyn There is no reason why something said should be incapable of causing apprehension of immediate personal violence’

Assault-Tuberville v Savage (1669)

a verbally negated threat is not sufficient for an assault.

Battery- Home Office v Wainwright and another [2001]

▪ There is no need to show that the defendant caused the claimant actual harm or injury by touching them, or that they intended to cause (or were reckless as to causing) them harm or injury.

Battery- Collins v wilcock 1984

the force must exceed ‘physical contact which is generally acceptable in the ordinary conduct of daily life’.

Battery- Wilson v Pringle [1987]

there need be no element of anger or hostility in the unwanted touching

Battery- Re F [1990]

Medical treatment without consent may amount to battery

Battery- Livingstone v Ministry of Defence [1984]

Transferred intent

Battery- involuntary act may negate a battery

Williams v Humphrey [1975]; Fagan v Metropolitan Police Commissioner [1969]

Battery-Generally, the requirement of direct and immediate force must be the result of a positive act not an omission to act unless circumstances give rise to a prior duty to act:

DPP v Santana-Burmudez [2004]

▪ DPP v K [1990]

False imprisonment - there must be a complete restriction of the claimant’s freedom of movement.

o Bird v Jones [1845]

False imprisonment- As long as the claimant’s freedom of movement is completely restricted, it does not generally matter how long this restriction lasts

Walker 2014

False imprisonment requires an intentional act or subjective recklessness (just like the other two intentional trespasses to the person torts), and that intention has to extend to the actual confinement of the claimant. It need not be an intent to confine unlawfully

R v Governor 2001; Esegbona 2019

False imprisonment- Actionable without proof of further loss

Iqbal 2009; R (Lumba) 2011

False imprisonment- o A claimant does not need to actually be aware of the restriction

Meering 1920

Wrongful Deprivation of Liberty under Art 5 ECHR:

Austin [2009]; R v Bournewood [1998]

False imprisonment - lawful detention

▪ Lawful detention/arrest by state in pursuit of criminal justice,

▪ Detention for public health emergency,

▪ Lawful detention for deportation/extradition purposes

▪ Lawful detention under the Mental Health Act 1983 S2 and S3

▪ Lawful detention of children in school for educational purposes

▪ S58 Children’s Act 2004 exception to battery for reasonable chastisement of children

Consent

Complete defence

Necessity

Must be a reasonable, proportionate and honest belief that act is necessary to prevent greater harm Re A (Conjoined Twins)[2001]

Self defence

Apprehension of force coming to you has to be both honest and reasonable (ie higher threshold than criminal law requirements).

• Ashley v Chief Constable of West Sussex Police [2008]

• And proportionate: Cockcroft v Smith [1705]; Lane v Holloway[1968]

Harassment

The Protection from Harassment Act 1997 introduces a civil remedy for harassment (s 3) as well as a criminal offence of harassment (s 2). Its principal purpose is to prevent and protect rather than compensate, and the Act provides for the imposition of an injunction, alongside damages and criminal sanctions for non-compliance (s 3).