Definition:

Any intentional and direct interference with land in another’s possession without lawful justification.

• Entick v Carrington (1765) – government officials entered private property without authority; held liable for trespass.

(a) Elements of Trespass to Land

1. Direct and intentional interference – entering or causing something to enter another’s land voluntarily (Southport Corp v Esso Petroleum [1954]).

2. Land in possession of the claimant – only someone in possession (owner or tenant) may sue.

3. No need to prove damage – trespass is actionable per se.

(b) Examples of Trespass:

• Physical entry by a person.

• Placing or leaving objects on another’s land.

• Remaining on land after permission has ended (continuing trespass).

• Throwing or projecting objects across boundaries (e.g. tree branches, signs).

(c) Defences to Trespass to Land:

• Consent or licence – express or implied permission.

• Statutory authority – entry authorised by law (e.g. police with a warrant).

• Necessity – to prevent greater harm (Southwark LBC v Williams [1971]).

• Right of re-entry – landlords recovering possession lawfully.

(d) Remedies:

• Damages – for loss or infringement of possession.

• Injunction – to prevent or stop continuing trespass.

• Self-help (abatement) – limited right to remove trespassing objects.

Trespass to the person protects personal security and dignity. It covers three torts: assault, battery, and false imprisonment. All require intentional and direct interference; negligence alone is not sufficient (Letang v Cooper [1965]).

(a) Assault

Definition:

An act causing another person to reasonably apprehend immediate and unlawful force.

• Collins v Wilcock [1984] – assault involves causing fear of force, even without contact.

Key points:

• No physical contact needed.

• Words can amount to assault (R v Ireland [1998] – silent phone calls).

• Conditional threats may not count if they negate immediacy (Tuberville v Savage [1669] – “If it were not assize time…”).

Remedy: damages for distress or fear caused.

(b) Battery

Definition:

The intentional and direct application of unlawful force to another person.

• Cole v Turner (1704) – slightest touching may be battery if done in anger.

• Collins v Wilcock [1984] – everyday physical contact impliedly consented to (e.g. jostling in crowds) is not battery.

Elements:

1. Direct and intentional contact.

2. Without lawful justification.

Examples: striking, pushing, or spitting.

Defences:

• Consent (e.g. medical treatment, sport).

• Self-defence (reasonable and proportionate force).

• Necessity (e.g. restraining for safety).

(c) False Imprisonment

Definition:

The unlawful restraint of a person’s freedom of movement without lawful justification.

• Bird v Jones (1845) – restraint must be total; partial obstruction is not enough.

• Meering v Grahame-White Aviation [1920] – the claimant need not be aware of the imprisonment at the time.

• R v Governor of Brockhill Prison, ex parte Evans (No 2) [2001] – continuing detention beyond lawful authority amounts to false imprisonment.

Requirements:

1. Total restraint (no reasonable escape).

2. Intention to restrain.

3. Lack of lawful authority (e.g. police arrest without grounds).

Defences:

• Lawful arrest or detention.

• Consent.

• Justification by statute.

(d) Remedies for Trespass to the Person:

• Damages – including for injury, distress, and loss of liberty.

• Injunctions – to prevent ongoing interference.

• Aggravated or exemplary damages – in cases of deliberate humiliation or abuse of power.