trespass to the person cases

Collins v Wilcock

Tort of trespass to the person is made up of three torts

• battery

• Assault

• false imprisonment

force must exceed general expected physical contact

Letang v Cooper

Trespass cannot be committed negligently

Iqbal

All forms of negligence require an intentional act

Livingstone

Rule of transferred intent

Williams

Intent to cause actual harm is irrelevant

Fagan

Battery is still committed when the initial act was voluntary but D does not stop when given the opportunity

Cole v Turner

Unlawful touching constitutes battery

DPP V K

Hand dryer acid case - permenantly scarred V

Scott v Shepard

Directness requirement applied very loosely

Thomas

Directness requirement failed this case a police presence separated the groups meaning there was no threat of violence

R v Ireland

V must reasonably believe the threat will be carried out

EX p Evans

Ill intent is irrelevant

walker

false imprisonment in door way for a few seconds

austin v saxby

may day protest oxford street

Wainwright

Sloppy prison search not found to be trespass to the person

DPP v Santana-Burmudez

Police woman injured by needle during pat down of man

amounted to actual bodily harm

West Berkshire HA

unless patient known to object- doctors may intervene in their best interest when they are unconscious