Assault and Battery in UK Law

Leading Cases
  • Richardson v Howie
    • Court of Appeal (Civil Division)
    • 13 Agosto 2004

    It is and must be accepted that at least in cases of assault and similar torts, it is appropriate to compensate for injury to feelings including the indignity, mental suffering, humiliation or distress that might be caused by such an attack, as well as anger or indignation arising from the circumstances of the attack.

  • Bici and Another v Ministry of Defence
    • Queen's Bench Division
    • 07 Abril 2004

    In trespass, any unlawful interference with the bodily integrity of the claimant will not be unlawful if it is justified, and it will be justified if the defendant can establish that the claimant's conduct was such that the defendant reasonably apprehended that he would be imminently attacked and used reasonable force to protect himself.

  • Wilson v Pringle
    • Court of Appeal (Civil Division)
    • 26 Marzo 1986

    But, apart from these special instances where the control or constraint is lawful, a broader exception has been created to allow for the exigencies of everyday life. Although such cases are regarded as examples of implied consent, it is more common nowadays to treat them as falling within a general exception embracing all physical contact which is generally acceptable in the ordinary conduct of daily life.

  • Doreen Ann Letang (Respondent) Frank Anthony Cooper (Appellant)
    • Court of Appeal
    • 15 Junio 1964

    If one man intentionally applies force directly to another, the plaintiff has a cause of action in assault and battery, or, if you so please to describe it, in trespass to the person. If he does not inflict injury intentionally, but only unintentionally, the plaintiff has no cause of action to-day in trespass. His only cause of action is in negligence, and then only on proof of want of reasonable care.

  • Ashley v Chief Constable of Sussex Police
    • House of Lords
    • 23 Abril 2008

    But every person has the right also to protect himself by using reasonable force to repel an attack or to prevent an imminent attack. The balance struck is serving a quite different purpose from that served by the criminal law when answering the question whether the infliction of physical injury on another in consequence of a mistaken belief by the assailant of a need for self-defence should be categorised as a criminal offence and attract penal sanctions.

  • R v Williams (Gladstone)
    • Court of Appeal (Criminal Division)
    • 28 Noviembre 1983

    "Assault" in the context of this case, that is to say using the word as a convenient abbreviation for assault and battery, is an act by which the defendant, intentionally or recklessly, applies unlawful force to the complainant. Taking a few examples: first, where the victim consents, as in lawful sports, the application of force to another will, generally speaking, not be unlawful.

  • Merson v Cartwright
    • Privy Council
    • 13 Octubre 2005

    The purpose is to vindicate the right of the complainant, whether a citizen or a visitor, to carry on his or her life in the Bahamas free from unjustified executive interference, mistreatment or oppression. The sum appropriate to be awarded to achieve this purpose will depend upon the nature of the particular infringement and the circumstances relating to that infringement.

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Legislation
  • Limitation Act 1623
    • UK Non-devolved
    • 1 de Enero de 1623
    ... ... ; all Actions of Debt for Arrearges of Rent, and all Actions of Assault, Menace, Battery, Wounding and Imprisonment, or any of them which shall be ... ...
  • Offences Against the Person Act 1861
    • UK Non-devolved
    • 1 de Enero de 1861
    ... ... on account of his preserving Wreck ... Whosoever shall assault and strike or wound any Magistrate, Officer, or other Person whatsoever ... Persons committing any Common Assault or Battery may be imprisoned or compelled by Two Magistrates to pay Fine and Costs ... ...
  • Assault and Battery (Scotland) Act 1826
    • UK Non-devolved
    • 1 de Enero de 1826
  • Police, Crime, Sentencing and Courts Act 2022
    • UK Non-devolved
    • 1 de Enero de 2022
    ... ... 2: Increase in penalty for assault on emergency worker ... (1) In section 1 of the Assaults on Emergency kers (Offences) Act 2018 (offence of common assault, or battery, committed against emergency worker) , in subsection (2) (b) (penalty for ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • School found not vicariously liable for sexual assault by work experience student
    • Mondaq UK
    ... ... exchanging messages which continued until September 2014. In August ... 2014, PXM committed assault and battery against the claimant. He ... was later arrested and pleaded guilty to various counts of sexual ... activity with a child ... The claimant sought ... ...
  • The Dangers Of Refusing ADR
    • Mondaq UK
    ... ... In that case, the claimants sought damages for assault, battery, false imprisonment and malicious prosecution from the defendant ... ...
  • Exclusion of deliberate acts in insurance policies (UK)
    • LexBlog United Kingdom
    A June 2021 UK Supreme Court judgment has highlighted the difficulties insurers may face when relying on a intentional or deliberate acts exclusion. A bouncer at a pub in Aberdeen, Scotland had app...
    ... ... In a subsequent criminal trial, the jury convicted the bouncer of assault, with the trial judge accepting that the bouncers actions were badly ... by one person on the liberty of another), including assault and battery committed at the time of making the arrest. In light of the courts finding ... ...
  • Employers needled by vaccine refusals, Part 1 – your rights and obligations (UK)
    • LexBlog United Kingdom
    So a government-approved vaccination becomes available and you really want your employees to take it. Can you just insist, or does the development of the vaccine turn out to have been the easy bit?...
    ... ... That would be an assault or battery by the employer. But can you insist as a matter of law, i.e ... ...
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