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]
In the Commonwealth Caribbean, civil actions for assault and battery are comparatively rare (except as adjuncts to actions for false imprisonment), presumably because litigants prefer to seek redress in the criminal rather than the civil courts. On the other hand, actions for false imprisonment are common, and a considerable body of case law has accumulated around the tort.
