Trespass to the person covers three torts that protect a person’s body and freedom: assault, battery and false imprisonment. They form Topic 4.3 of Paper 4 (Law of Tort) in Cambridge A Level Law 9084. Unlike negligence, they are intentional and direct, and they are all actionable per se – meaning the claimant does not need to prove any damage.
Assault
Definition
An act which intentionally or recklessly causes the claimant to reasonably apprehend the immediate infliction of unlawful force.
Key elements and cases
- Apprehension – the claimant must expect force; if they cannot see the threat, there is no assault.
- Immediacy – the defendant must appear able to carry out the threat (Stephens v Myers (1830), a man advancing with a clenched fist; contrast Thomas v National Union of Mineworkers (1985), where picketers behind a police cordon could not carry out their threats).
- Words – words can amount to assault, and words can also cancel a threat (Tuberville v Savage (1669): “If it were not assize-time, I would not take such language from you”).
- Silence – silent phone calls can be an assault (R v Ireland (1997), a criminal case applied by analogy).
Battery
Definition
The intentional and direct application of unlawful force to another person.
Key elements and cases
- Force – any touching can be enough; no injury is needed (Cole v Turner (1704): “the least touching of another in anger is a battery”).
- Hostility – everyday contact (such as jostling in a crowd) is impliedly accepted (Collins v Wilcock (1984)). Earlier cases suggested hostility was required (Wilson v Pringle (1987)), but F v West Berkshire Health Authority (1989) doubted this.
- Directness – the force must be direct, although it can be applied via an object (Pursell v Horn (1838), throwing water).
False Imprisonment
Definition
The unlawful, intentional or reckless total restraint of the claimant’s freedom of movement.
Key elements and cases
- Total restraint – blocking one route is not enough if another reasonable route exists (Bird v Jones (1845)).
- Knowledge – the claimant does not need to know they were imprisoned, though damages may be nominal (Meering v Grahame-White Aviation (1919); Murray v Ministry of Defence (1988)).
- Lawful restraint – there is no tort where the restraint is lawful, e.g. a lawful arrest or where the claimant agreed to conditions of entry (Robinson v Balmain New Ferry Co (1910); Herd v Weardale Steel (1915)). Crowd control in exceptional circumstances was also held lawful in Austin v Commissioner of Police of the Metropolis (2009).
Defences
- Consent – e.g. to medical treatment or contact sports within the rules.
- Self-defence – reasonable force in defence of oneself or others (Lane v Holloway (1968) – force must be proportionate).
- Necessity – acting to prevent greater harm, e.g. treating an unconscious patient (F v West Berkshire Health Authority (1989)).
- Lawful authority – for example, powers of arrest under PACE 1984.
Remedies
Because these torts are actionable per se, the claimant can recover at least nominal damages. Where there is injury or humiliation, compensatory and even aggravated or exemplary damages may be awarded. Injunctions can prevent repeated interference.
Trespass to the person overlaps with the criminal law and with police powers – see our post on police powers under PACE 1984 for lawful arrest and detention.
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Frequently Asked Questions
What does “actionable per se” mean?
The claimant can sue without proving any damage – the tort itself is enough.
Can words alone be an assault in tort?
Yes, words can create reasonable apprehension of immediate force, and words can also negate a threat, as in Tuberville v Savage.
Does a claimant need to know they were falsely imprisoned?
No, following Meering and Murray v MoD, though damages may be only nominal if they were unaware and unharmed.
Final Thought
Trespass to the person is a precise topic: learn each tort’s definition, two or three cases, and the defences. In problem questions, work through assault, battery and false imprisonment in turn and apply the facts carefully.