Trespass to the Person Cases

Wilson v Pringle 1987

D intentionally jumped on C, claimed ‘horseplay’. CA held no battery committed; battery requires intentionality and hostility

Tuberville v Savage 1669

‘Assize-time’; not assault, attack not imminent

Thomas v National Union of Mineworkers 1986

C separated from pickets by policemen; not assault

R v Ireland (criminal case)

Series of silent phone calls constituted assault; victims thought attack may be imminent

Re F 1990

Doctors thought patient unable to cope with pregnancy so applied for declaration that non-consensual sterilisation would be lawful. HL ruled not battery if in C’s best interests, C didn’t validly decline, C incapable of validly consenting

Fowler v Lanning 1959 (overturned by Letang v Cooper)

If unintentional act like shooting accident, proof of negligence not necessary

Letang v Cooper 1965 (overturned Fowler v Lanning)

D accidentally drove over C’s legs; C brought claim of Trespass to the Person. Action failed because proper action was negligence; if damage unintentional, covered by negligence

Collins v Wilcock 1984

Police officers suspected D of soliciting for prostitution; D walked away and officer grabbed her arm; D swore and scratched arm. DC held appeal allowed, officer committed battery

Pritchard v Co-operative Group 2011

Employee verbally abused manager who swore back and grabbed arms; employee bit him to get away. Assault and battery found, no contributory negligence

Ashley v Chief Constable of Sussex Police 2008

Police raided house of man who was unarmed in bed. Officer perceived a threat and shot man dead. HL held C had arguable claim of assault and battery in tort - belief in threat must be honest and reasonable

KD v Chief Constable of Hampshire 2005

C thought D was hugging her to cheer her up, but it was sexually motivated, so D committed a battery

Chatterton v Gerson 1981

C had pain relief operation. Returned for second operation and was not told of risks. Suffered immobility and claimed trespass to person and negligence. Consent must be real if patient informed of risks then consent is real

Herd v Weardale Steel, Coal and Coke Company 1915

C couldn’t leave until morning shift ended - reasonable period of time so not false imprisonment

Blake v Galloway 2004

‘Game’ involving throwing bark. C’s claim dismissed because he’d consented to the risk of bark being thrown in his eye, and D’s throw was playful and not reckless

R (Jalloh) v Secretary of State for the Home Department 2020

C had curfew imposed which amounted to false imprisonment

Wilkinson v Downton 1897

D told C her husband had broken his legs; C so upset she became physically ill, later sued. New tort of causing psychiatric illness. Requirements: conduct, intention, causation