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| threats made by a stalker could be crminal assault |
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| an act which causes the claimant to reasonably apprehend that physical violence will be used against him or her |
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| silence can amount to assault |
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| a threatening act which would normally amount to an assault can be precented from beig one by the words which are spoken at the same time. " if it were not for assiz time i would kill you". |
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| A conditional threat which places the onus on the victim to act can be seen as being an assault. |
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| No words or singing are equivalent to an assault |
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| for it to be reasonable, it must appear possible for the defendant to carry out the threat there and then |
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| The case arose from the miners strike, the claimant being a miner who had refused to join his collegues in the stike. he was among a group of such workers who were brought up to the mine each day by a special bus, so that they dd not have to wal through the groups of striking miners who stood on th picket line outside. as the bus drove through, the strikers made violent gestures at those inside it, but this was held not to be an assault. the pickets were held back by a police cordon, and the claiamant was safe insed the bus, he had no reaosn to believe that immediate physical force could be used against him. |
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| The defendant, as a joke, pointed a gun at the victim who was terrified until she was told that it was in fact a replica. The court held that the victim had apprehended immediate physical violence, and the defendant had been at least reckless as to whether this would occur |
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| Arose from a parish meeting which the claimant was chairing a church meaning and the defendant, who was sitting several places away statrted shouting. a majority of memebrs voted to have him sent out, at which pint he came towards th claimant with a clenced fist. he was held back by the church warden but was nevertheless liable for assault. |
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| The intentional and direct application of force to another person |
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| the defendant must apply force, doing so negligently ws nt a trespass. |
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| livingstone v minister of defence |
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| the claimant succesfully sued for battery aftert being hit by a bullet that was aimed at someone else. |
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| the courts tried to pin down wht it was which differentiated between every day touching and battery. it was hostility |
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| The implied consent argument adn the requirement for hostitlity were disissed, as this was too restrictive for a tort which as supposed to prevent against unlawful interference for body integrity. |
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| Cases which has backed up Lord Goffs view |
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T v T
R v Brown
R v Broadmoor
& commentators belive that hostiliy os o longer a required element. |
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| lord Goff said that cases where direct physical contact was not to be considered trespass were best viewed as 2FALLING WITHIN A GENERAL EXCEPTION EMBRACING ALL PHYSICAL CONTACT WHICH IS GENERALLY ACCEPTBLE IN THE ORDINARY CONDUCT OF EVERYDAY LIFE." |
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| limitation period for cases of deliberate assalt is 6 years (non extendable) |
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| Such a period cannot be extended |
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| The claimant in the case had been a victim of attempted rape by the defendant 16 years earlier. he wasconvicted and was serving a sentence in prison when he won 7.2 m on the national lottery. at the tie of the offence, there had been no point in suing as the defendat was not wealthy enough to pay damages, bt the win chaged this siutation and his vitim decide to sue for compenstion. Her lawyers argued that the court should be able to use their discretio to ectend the limit, but the court od appeal upheld the lower cout's decision that the case was out of time. |
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| what are the defences available |
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Definition
Volenti
Self-defence
Contributory negligence
Statutory authority
Ineviable accident
Ejection of a trespasser
Parental auhtority |
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| what are the defences available |
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Definition
Volenti
Self-defence
Contributory negligence
Statutory authority
Ineviable accident
Ejection of a trespasser
Parental auhtority |
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Definition
If a claiamant agreees to what the defendant does, there is no liability for trespass. this may expressly or impliedly. It only applies where consent is given for the specific act which permission is given. (Nash v Sheen)
Players are deemed to consent to any activity which is within the accepted rules of the game, but not to abttery that occurs as a result of behaviour outside of the rules. |
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| The claimant asked her hairdresser for a perm, but the hairdressers applied a coourant, which caused a skin complaint. the hairdresser had applied direct force to which the claiamnat had not consented. |
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| A person in protected by this defence when the commit a trespass against the person as a resut of using reasonable force which hey honestly and reaonabl is necessary to proetct themselves or someone else, or peorpty. |
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| What will the degree of reasonable force depend on? |
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The particualr situation
The amount and type of force must be balanced against the need for protection. |
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| Monkey faced tart.the claimant had been drining and got into an argment with the defenant's wife, calling her a monkey faced tart. hearing this the D ame out and aid he waned to see th claimant alne. believe he was abou to be hit, the claiamnat smacked the defedant on the shoulder. the defendant repsonded y punching him in the eye, causing a ound which needed 19 stitches. the claiamant sued for battery. the court accepted that the defedant had reaonable grounds o believe he neeed to defend himself ut sai that his blowwas out of proportion o the danger, so he was not covered by self defence. |
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| Difference between defence at criminal law and civil law |
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| The defnce will apply in crminal law even if the defendant honestly believes the force was necessary, even if there is no objective or reasonable grounds for that belief. |
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| In civil law, the defendant ush show reasonable for their belief that the force was necessary. |
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| s.329 of the Crminal Justice Act 2003 |
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| Provides that a person who is convited of an imprisonable offence ca nly sue for trespass against the peson relating to the ameincident where the force used is "grossly disproportionate" given the circumstances. |
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| Criminal Law Act 1967 s.3 (1) |
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| no trespass to the person is comited when a reasonable amount of force is used to lawfull arrest a persn, revent a crim or assist in the lawful detention of a personal unalwfully at large. |
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| A defendant will not be liable in trespass to the person for an event which they had no control, and |
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