Trespass to the person

Overview

Trespass to the person includes 3 torts: battery, assault and false imprisonment / doesn’t always require evidence of harm

Trespass - intent (F v L 1959, L v C 1964)

Specific motive not needed - just that D intended to cause a trespass / Fowler v Lanning 1959 - negligence not proved, classed as unintentional / Letang v Cooper 1964 - D ran over C’s legs, trespass claim

Battery in depth - direct and intentional (C v W 1984)

Battery must be direct and intentional unlawful touching / Collins v Wilcock 1984 - ‘exigencies of everyday life’ allowed, but this wasn’t

Battery in depth - leniency with direct touching (B v MOD 2004, H v CCD 2000)

Bici v mOD 2004 - C shot, not direct but harm direct = battery / Haystead v CC of Derbyshire 2000 - D hit C while holding a baby, baby injured, indirect but D still liable for harm to baby

Battery in depth - Not all forms of touching (B v G 2004, F 1990, P v CCMP 2020)

Blake v Galloway 2004 - C and D playing with wood chipping, C injured by chip, D not liable for negligence/battery (volenti principle) / Re F 1990 - woman with mental disabilities = forced sterilisation, doctors can choose best interests if consent can’t be obtained / Pile v Merseyside Police 2020 - P got drunk, sued police for changing her clothes, court ruled police’s act were an act of decency + lawful and necessary

F v WB 1990 - in depth

F v West Berkshire 1990 / F severe mental impairment, could get pregnant, sterilised by doctors / Lords allowed this - necessity issue + Bolam test (incapacitated adults should receive necessary + beneficial treatments)

Battery in depth - Provocation (C v P 2011)

Co-op v Pritchard 2011 - C insulted manager and verbally abused them, bit D to escape / court ruled contributory negligence is not a defence in battery torts

Assault in depth - overview

Overt act, creates anticipation of battery

Assault in depth - M v L 2005 case (reasonable)

Mbasogo v Logo 2005 - President of Equatorial Guinea / claim dismissed as mercenaries attempting a coup were unarmed, posed no real threat / so anticipation must be reasonable

Assault in depth - Intention (DPP v L 1976)

DPP v London 1976 - D pointed unloaded gun, C sued for assault / court allowed this - anyone would reasonably assume danger + C didn’t know gun was unloaded / so assault even D not intending to carry out the battery

Assault in depth - Words/silence (R v I 1998, T v S 1669)

R v Ireland 1998 - D made silent phone calls to women, women suffered psychiatric damage / but words can also be used to negate assault - Tuberville v Savage 1669 (T carried sword, but T spoke of peace and removed threat)

False imprisonment - R v KP 2024 (recent case supporting)

Reynolds v Kent Police 2024 / R detained for 6 days / court ruled in R’s favour - deprivation of liberty

False imprisonment - B v J 1854 (strictness of FI claims)

Bird v Jones 1854 / Bird’s usual footway was restricted, refused alternative routes - claimed false imprisonment / court ruled against B’s = no actual deprivation, B’s way only partially restricted

False imprisonment - R v BNFC 1910 - more strictness

Robertson v Balmain New Ferry Company 1910 / R paid to enter a wharf, decided to leave but had to pay to leave / court ruled this was not FI as condition of paying to leave was reasonable

False imprisonment - Awareness of imprisonment - M v MOD 1998 vs R v B 1998

Murray v MOD 1998 - M arrested at home, interviewed before release, Lords ruled this was allowed (soldiers acting on genuine suspicion - but agreed that FI can occur without formal spoken words/V’s understanding) / R v Bournewood 1998 - B in psychiatric hospital, unaware of this, ECHR found B’s unawareness to be unlawful (confusion)

False imprisonment - Intentional and direct

D must intend to imprison C / must be direct, though can be done through a 3P if 3P was instructed by D + had no personal discretion

False imprisonment - D v NW 1994 - directness

Davidson v North Wales 1994 / store suspected D of stealing, called police - detained / court ruled store not FI - police doing their job (not enough directness)

False imprisonment - Omission to release - H v WS 1915

Herd v Weardale Steel 1915 - mineworkers not let out of a shaft for hours, Lord ruled omission to release constituted as FI

False imprisonment - Lawful examples - A v Cmmr MP 2009

Austin v Cmmr of Met Police 2009 - police tactics in prisons were lawful, restrictive not depriving

False imprisonment - Lawful arrest (act)

Police and Criminal Evidence Act 1984 / must prove an indictable offence/reasonable grounds to lawfully arrest someone

A v SP 2008

Ashley v Sussex Police 2008 / A shot dead during police raid - A unarmed / court ruled police were negligent, A’s family could sue for assault and battery (self-defence stricter in civil court than criminal court - no reasonably belief of danger)

Academic - T. Weir (quote on function of tort law)

Tony Weir: ‘It’s very function is to protect and vindicate the basic rights of citizens’

Academic critique - Cooney on CN

Cooney argues Coop v Pritchard was wrong - CN isn’t entirely irrelevant (damages should’ve been reduced) / ‘A blanket prohibition upon pleading contributory neglgience lacks much needed contextual sensitivity)