ABSTRACT

These torts, which are derived from the ancient writ of trespass, protect persons from interference with their personal liberty and are actionable per se, that is, without proof of damage. In the words of Lord Reid:

English law goes to great lengths to protect a person of full age and capacity from interference with his personal liberty. We have too often seen freedom disappear in other countries, not only by coups d’état, but by gradual erosion; and often it is the first step that counts. So it would be unwise to make even minor concessions.1