Roadmap: Intentional Torts to the Person

Was there intentional wrongdoing? [[No->No action in trespass to the person (Fowler v Lanning)]] [[Yes->What is the nature of the wrongdoing?]]

No action in trespass to the person (//Fowler v Lanning//)

What is the nature of the wrongdoing? [[Physical touching->Was the touching intentional?]] [[Threats->Did the threat create a reasonable expectation of fear or violence?]] [[Unjustified confinement->Was the confinement complete?]] [[Causing distress->Was there a course of conduct?]]

Was the touching intentional? [[Yes->Was the force direct and immediate?]] [[No->No liabilty (Fogan v Metropolitan Police Commission)]]

Did the threat create a reasonable expectation of fear or violence? [[No->No liability (Tuberville v Savage)]] [[Yes->Assault]]

Was the confinement complete? [[No->No liability (Bird v Jones)]] [[Yes->Is the Claimant aware of confinement?]]

Was there a course of conduct? [[No->Was there a recognised psychiatric illness or physical harm?]] [[Yes->Was there harassment of another?]]

Was the force direct and immediate? [[No->No liability (Scott v Shepherd)]] [[Yes->Was there hostility?]]

No liabilty (//Fogan v Metropolitan Police Commission//)

No liability (//Tuberville v Savage//)

Assault Is there a valid defence? [[No->Liability for trespass to the person tort]] [[Yes->No liability]]

No liability (//Bird v Jones//)

Is the Claimant aware of confinement? [[Yes->False imprisonment]] [[No->False imprisonment]]

Was there a recognised psychiatric illness or physical harm? [[Yes->Tort of Wilkinson v Downton]] [[No->No liability (see Lord Neuberger in Wainwright v Home Office)]]

Was there harassment of another? [[No->No liability]] [[Yes->Did the tortfeasor know or should have known their actions amounted to harassment?]]

No liability

Did the tortfeasor know or should have known their actions amounted to harassment? [[No->No liability]] [[Yes->Protection from Harassment Act 1997]]

Protection from Harassment Act 1997 applies

Tort of //Wilkinson v Downton//

No liability (see Lord Neuberger in //Wainwright v Home Office//)

No liability (//Scott v Shepherd//)

Was there hostility? [[Yes->Battery]] [[No->Is hostility relevant to the tort?]]

Battery. Is there a valid defence? [[No->Liability for trespass to the person tort]] [[Yes->No liability]]

Is hostility relevant to the tort? (//Re F//) [[No->Battery]] [[Yes->No liability]]

Liability for trespass to the person tort

False imprisonment Is there a valid defence? [[Yes->No liability]] [[No->Liability for trespass to the person tort]]