trespass 2

Question 1

what is battery

Answer 1

‘The actual infliction of unlawful force on another person’

Question 2

what case did the definition of battery come from

Answer 2

Collins v Wilcock

Question 3

what did Lord Denning say could be a battery in R v Chief Constable of Devon and Cornwall

Answer 3

‘An unwanted kiss may be a battery although the defendant’s intention may be most amiable’

Question 4

what is the intention

• what does it include
• what needs to be intended and what doesn’t need to be intended

Answer 4

• Intention includes subjective recklessness
• Intention as to the contact, not the consequences / consequential harm (D does not have to intend that the contact was unlawful)

Question 5

case for intention

Answer 5

Williams v Humphrey

Question 6

what did courts hold in Williams v Humphrey (consequential harms)

Answer 6

even if the act is intentional. you don’t need to intend the harmful consequence for there to be a battery

Question 7

trespass must be what 2 things

Answer 7

direct and immediate

Question 8

what case does the idea of direct and immediate come from

Answer 8

Reynolds v Clarke- Fortescue CJ

Question 9

what is the difference between negligence and trespass

Answer 9

• Trespass: intention

- Negligence: unreasonable conduct

Question 10

what was questioned in Scott v Shepherd

Answer 10

what directness means

Question 11

what was held in Scott v Shepherd

Answer 11

that there was direct enough action between the D and c for battery as the stall holders did not act voluntarily, they acted in the heat of the moment, to protect themselves and their goods. Therefore, there was battery

Question 12

is hostility required

Answer 12

no

Question 13

hostility

what did Lord Holt say in Cole v Turner

Answer 13

‘the least touching of another in anger is a battery’

Question 14

hostility

what does Goff LJ say in Collins v Wilcock

Answer 14

-Must be beyond that which is ‘generally accepted in the ordinary conduct of daily life’

Question 15

outcome in Collins v Wilcock

Answer 15

There was no need for the lady to be restrained. So, the officer committed battery, court accepted this. There was no lawful authority to restrain her.

Question 16

whether hostility is needed, was questioned in what case

Answer 16

Wilson v Pringle

Question 17

what was concluded by Goff LJ in Re F

Answer 17

• that a line should be drawn between what we accept in everyday life and what we don’t accept
• this could fall along gendered lines, men and women may have different views on what is sexual and not sexual touching etc

Question 18

what statutory provision determines whether the police acted in a lawful or unlawful way

Answer 18

PACE act 1984

Question 19

case for police powers

Answer 19

-Pile v Chief Constable of Merseyside Police

Question 20

outcome in Pile

Answer 20

Mr Justice Taylor found that it was lawful to change her clothes as it was for hygiene purposes- there was a section in the police powers which stated this is lawful

Question 21

definition of an assault

Answer 21

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

Question 22

what case did the definition of assault come from

Answer 22

Collins v Wilcock

Question 23

outcome in Thomas v National Union of Miners (NUM)

3

Answer 23

there were police separating the working and striking miners,

• therefore the court held that D’s didn’t have the means of carrying out the threat as any physical actions would have been prevented by the police.
• It didn’t constitute assault.

Question 24

Gestures, words, and silence

outcome in R v Meade and Belt

Answer 24

no words or singing are equivalent to assault’

Question 25

Gestures, words, and silence outcome in Tuberville v Savage

Answer 25

words can negate actions

Question 26

Gestures, words, and silence R v Ireland outcome

Answer 26

- Lord Steyn held that silent calls could constitute an assault as it could cause a person to fear the possibility of immediate unlawful force

Question 27

assault Read v Coker outcome

Answer 27

court held that a conditional threat still constitutes an assault

Question 28

assault Stephen v Myres outcome

Answer 28

- Although no battery took place, the court said that the D had a reasonable apprehension that force may still occur- there was an assault. - apprehension of force must be reasonable

Question 29

what did Conaghan say about men and women in 'Gendered harms and the role of tort'

Answer 29

that men and women may see sexual acts, behaviour and propositions differently, so different things may or may not be 'threatening'

Question 30

what did Magruder say when it comes to sexual touching etc

Answer 30

'there is no harm in asking'

Question 31

what is false imprisonment

Answer 31

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

Question 32

Hague v Deputy Governor of Pankhurst Prison and Others outcome

Answer 32

that if the detention is lawful but the conditions of the detention are in breach of prison rules, there is no FI- no compensation allowed to be given

Question 33

what is the criticism from Lumba

Answer 33

that false imprisonment is no longer protecting satisfactory against abuses of power

Question 34

what does Article 5(4) ECHR state

Answer 34

-‘Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful’.

Question 35

What does Steele say about Lumba and Hague

Answer 35

'it has become much harder to maintain that false imprisonment operates satisfactorily as a constitutional tort, protecting against abuse of power’

Question 36

Parker v Chief Constable of Essex outcome

Answer 36

if a third party did have a reasonable cause, another police officer, to suspect that someone committed an offence, and if they had been the person to conduct the arrest, then it would have been lawful

Question 37

what three things must be present for there to be FI as seen as in Iqbal v POA

Answer 37

- intention for FI - directness between C and D - positive action e.g. locking a door

Question 38

Bird v Jones outcome (2)

Answer 38

- there must be complete restriction of movement for there to be FI - no reasonable means of escape

Question 39

Robinson v Balmain outcome

Answer 39

there was reasonable means of escape so no FI

Question 40

Jollah v SoS outcome

Answer 40

- His movement was completely restricted, because if he left he would have faced criminal sanctions so he wasn’t voluntarily staying in one place - False imprisonment

Question 41

Walker v Commissioner of Police (unlawfulness) 2

Answer 41

- Unlawfulness often depends on the powers of arrest or detention - If there is no lawful ground for an officer to detain someone it is false imprisonment

Question 42

CC of Thames Valley Police outcome

Answer 42

There was false imprisonment because the extent of the search warrant only extended to the officer’s searching the premises, not the people on the premises

Question 43

Austin and Others outcome | 3

Answer 43

- There was false imprisonment - But D had a defence of necessity - No breach of Article 5- right to liberty

Question 44

Brockhill Prison outcome

Answer 44

- D has to intend imprisonment but not it being unlawful | - Being detained longer than one needs to be is FI