ABSTRACT

This chapter explains the basic origins and character of trespass to the person and identifies the elements that are common to all forms of the tort. It explores the essential elements for proving assault and provides the essential elements for proving battery. The chapter describes the essential elements for proving false imprisonment and analyses the essential elements for proving an action for intentional indirect harm under Wilkinson v Downton. It also explains liability under the Protection from Harassment Act 1997 and also describes the law to factual situations and reach conclusions. The House of Lords held that Ms Evans had been falsely imprisoned between those dates as false imprisonment is a tort of strict liability. The trial judge held that there was liability in battery and that the strip search was a course of action intended to cause physical or psychiatric harm for which the defendant was also liable.