Trespass to Land/Person Cases

Tort Law - Trespass To Land/Person Cases

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Trespass to land
i) An interference with the Claimant’s land by the Defendant; and ii) That interference is unjustifiable.
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Portland Management Ltd v Harte [1977] QB 306
Landlord must prove not tenants.
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Laiqat v Majid [2005] EWCH 1305
"whoever's is the soil, it is theirs all the way to Heaven and all the way to hell".
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Energy Weald Basin Ltd v Bocardo SA [2010] UKSC 35
Oil company made no damage to land but D says the under layers are still his. Only compensated value of land.
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League Against Cruel Sports v Scott and Others [1985]
The court held that for trespass to arise, the general requirements to be met were that the interference must (normally) be direct; the interference must (normally) be physical; and the interference (but not the trespass) must be intentional.
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Elias v Pasmore [1934] 2 KB 164
Police officers enter property with search warrant and confiscated items not in accordance with the warrant. police trespass ab initio.
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Thomas v National Union of Mineworkers (South Wales Area) [1985] 2 All ER 1
Miners went on strike. The ones who tried to go back mining in the mines got attacked by the strikers but no assault due to behind fences.
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R v Governor of Brockhill Prison, Ex parte Evans [2001] 2 AC 19 HL
C served her time in prison and was set to be released on a specific date. However, the length of the sentence actually served was miscalculated and she was not released on time, remaining in prison. The court held that there was a duty to release.
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Bird v Jones (1845) 7 QB 742
C wanted to cross a bridge to the public during a boating event to allow for spectators to view. Here, although his freedom was restricted, it was not completely restricted, as he was permitted to leave the way he had come.
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R v Ireland [1997] 3 WLR 534
D made a series of silent telephone calls over 3months to 3different women. intended to cause, through their actions, C to apprehend
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Wilson v Pringle [1987] 1 QB 237
as a practical joke, pulled the claimants schoolbag off his shoulder causing him an injury. It was held here that the touching had to be intentional, and there needed to be a degree of hostility in the touching.
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Collins v Wilcock [1984] 3 All ER 374
police officer grabbed womans arm so C scratched her but D grabbing her was a batery so was self defence
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Wilkinson v Downton 2 Q.B. 57 (1897)
D told C her husband was dead. Ds statement caused a violent shock to the claimant’s nervous system which resulted in weeks of suffering and incapacity. D appealed. See Revision card.
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Iqbal v Prison Officers Association [2009] EWCA Civ 1312
D striked didnt allow C out of cell for 24 hours. no false imprisonment as he was being detained anyway.
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Herd v Weardale Steel Coal and Coke Co [1913] 3 KB 77
C went down to work, mining. wanted to come back before end of shift. D refused to send the lift down. Not false imprisonment due to C consenting to go down.
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Murray v Ministry of Defence [1988] 1 WLR 692
C detained in her home by soliders whilst they searched for a suspect. Suffered no harm can expect no more than nominal damage
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Robinson v Balmain New Ferry Co Ltd [1910] AC 295
C paid penny to board ferry. changed his mind, tried to leave was told have to pay a pennt he refused. C claims D falsely imprisoned him. No l.iabilty could of paid and left.
17 of 17

Other cards in this set

Card 2

Front

Landlord must prove not tenants.

Back

Portland Management Ltd v Harte [1977] QB 306

Card 3

Front

"whoever's is the soil, it is theirs all the way to Heaven and all the way to hell".

Back

Preview of the back of card 3

Card 4

Front

Oil company made no damage to land but D says the under layers are still his. Only compensated value of land.

Back

Preview of the back of card 4

Card 5

Front

The court held that for trespass to arise, the general requirements to be met were that the interference must (normally) be direct; the interference must (normally) be physical; and the interference (but not the trespass) must be intentional.

Back

Preview of the back of card 5
View more cards

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