Trespass to the Person

Question 1

Wilkinson v Downton

Three Elements:

Answer 1

1. The conduct element requiring words or conduct directed at the claimant for which there is no justification or excuse,
2. the mental element requiring an intention to cause at least severe mental or emotional distress
3. the consequence element requiring physical harm or recognised psychiatric illness

Question 2

Collins v Wilcock

Three Torts

Answer 2

Goff LJ:
1. Battery
‘the actual infliction of unlawful force on another person’
2. Assault
‘an act which causes another person to apprehend the infliction of immediate, unlawful force on his person’
3. False Imprisonment
‘the unlawful imposition of constraint of another’s freedom of movement from a particular place’

Question 3

Torts Must:

Answer 3

Cause a direct and immediate unlawful interference with the claimant’s personal integrity
Be committed intentionally

What Does Intention Mean?
• Wilful and voluntary act
Lefang v Cooper [1965] 2 All ER 929
• Subjective recklessness as to the act’s consequences
Iqbal v Prison Officers Association [2009] EWCA Civ 1312
‘it is well established that all forms of trespass require an intentional act’ (Smith LJ, 71)

Question 4

Self-Defence

Answer 4

Action must be proportionate
Action must be necessary OR D must be reasonably believe the actions are necessary
Ashley v Chief Constable of Sussex Police [2008] UKHL 25, Lord Scott, paras 17-19
Reasonable belief – enough to establish defence

Question 5

Wilkinson v Downton

Facts

Answer 5

D falsely told C, that husband had been seriously injured in an accident. Serious psychological harm due to shock. D had wilfully done an act to cause harm to C. Should establish a good cause of action.

Question 6

Joanne Conaghan

Khorasandin (Wilkinson v Downton Application)

Answer 6

Khorasandjian is a case brimming with potential. It offers a litigatory approach to those suffering from harassment, both sexually and more generally. It illustrates the creative application of old, forgotten authorities such as Wilkinson … While it is undoubtedly the case that the common law is, by tradition, insensitive to the particular wrongs suffered by women, its essentially dynamic and indeterminate nature render it accessible to the stratagems of the creative lawyer.’

Question 7

Lawson v Glaves-Smith, Executor for the Estate of Dawes [2006] EWHC 2865

Answer 7

Facts:
Business women was told by a friend who wanted to employ her. Flew her out, he falsely imprisoned her, drugged and sexually assaulted her. Police investigation took place but D died in car collision. C wanted to bring civil case to sue the estate he left behind. Won the case. (£260,000)

Question 8

Sexual Offences Act 2003

Rape

Answer 8

1 Rape

(1) A person (A) commits an offence if–
(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.

Question 9

Sexual Offences Act 2003

Answer 9

2 Assault by penetration

(1) A person (A) commits an offence if–
(a) he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,
(b) the penetration is sexual,
(c) B does not consent to the penetration, and
(d) A does not reasonably believe that B consents.