Trespass
TRESPASS TO THE PERSON
Aims of Lectures:
* OVERVIEW OF THE TORTS COVERING TRESPASS TO THE PERSON * DEFENCES TO TRESPASS TO THE PERSON * ALTHOUGH NOT A PART OF TRESPASS TO THE PERSON WE WILL ALSO ASSESS THE RULE IN WILKINSON V DOWNTON
1. OVERVIEW
The aim/s of these torts: Protection from personal interference / protects your bodily integrity and your liberty.
The trespass torts are actionable per se (there is no need to prove damage).
A trespass to the person may well also be a CRIME and criminal law cases can be helpful but please note that a CIVIL action is designed to achieve a different objective i.e. to vindicate your right / claim damages or to prove a point (Halford v Brookes [1991] 1 WLR 428).
For a recent case against the police see:
ZH v Commissioner of Police [2012] EWHC 604 involving a 16 year old autistic teenager at a swimming pool: http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/zh-v-commissioner-of-police.pdf There are three forms of trespass to the person:
A. ASSAULT B. BATTERY C. FALSE IMPRISONMENT
PLEASE NOTE THE DIFFERENCE BETWEEN TRESPASS AND NEGLIGENCE:
Trespass is DIRECT and INTENTIONAL. Negligence is INDIRECT and UNINTENTIONAL.
Letang v Cooper [1965] 1 QB 232
Wilson v Pringle [1986] 2 ALL ER 440
A. ASSAULT
“An assault is an act which causes another person to apprehend the infliction of immediate, unlawful, force on his person.” Robert Goff LJ in Collins v Wilcock [1984] 1 WLR 1172, at 1177
PLEASE NOTE: DIRECTNESS IS ALSO IMPORTANT
In everyday language people use the term assault to also describe battery (see below). We will observe the strict legal distinction.
Case Law Examples:
Hopper v Reeve (1817) 7 Taunt 69
Purcell v Horn (1838) 8 A and E 602
Osborne v Veitch (1858) 1 F and F 317
Tuberville v Savage (1669) 1 Mod 3
Stephens v Myers (1830) 4 C and P 349
Thomas v NUM [1985] 2 All ER 1
Darwish v EgyptAir [2006] EWHC 1399 (QB)
DPP
Aims of Lectures:
* OVERVIEW OF THE TORTS COVERING TRESPASS TO THE PERSON * DEFENCES TO TRESPASS TO THE PERSON * ALTHOUGH NOT A PART OF TRESPASS TO THE PERSON WE WILL ALSO ASSESS THE RULE IN WILKINSON V DOWNTON
1. OVERVIEW
The aim/s of these torts: Protection from personal interference / protects your bodily integrity and your liberty.
The trespass torts are actionable per se (there is no need to prove damage).
A trespass to the person may well also be a CRIME and criminal law cases can be helpful but please note that a CIVIL action is designed to achieve a different objective i.e. to vindicate your right / claim damages or to prove a point (Halford v Brookes [1991] 1 WLR 428).
For a recent case against the police see:
ZH v Commissioner of Police [2012] EWHC 604 involving a 16 year old autistic teenager at a swimming pool: http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/zh-v-commissioner-of-police.pdf There are three forms of trespass to the person:
A. ASSAULT B. BATTERY C. FALSE IMPRISONMENT
PLEASE NOTE THE DIFFERENCE BETWEEN TRESPASS AND NEGLIGENCE:
Trespass is DIRECT and INTENTIONAL. Negligence is INDIRECT and UNINTENTIONAL.
Letang v Cooper [1965] 1 QB 232
Wilson v Pringle [1986] 2 ALL ER 440
A. ASSAULT
“An assault is an act which causes another person to apprehend the infliction of immediate, unlawful, force on his person.” Robert Goff LJ in Collins v Wilcock [1984] 1 WLR 1172, at 1177
PLEASE NOTE: DIRECTNESS IS ALSO IMPORTANT
In everyday language people use the term assault to also describe battery (see below). We will observe the strict legal distinction.
Case Law Examples:
Hopper v Reeve (1817) 7 Taunt 69
Purcell v Horn (1838) 8 A and E 602
Osborne v Veitch (1858) 1 F and F 317
Tuberville v Savage (1669) 1 Mod 3
Stephens v Myers (1830) 4 C and P 349
Thomas v NUM [1985] 2 All ER 1
Darwish v EgyptAir [2006] EWHC 1399 (QB)
DPP