Top Left Background Top Right Background
Bottom Right Background

Collins v Wilcock [1984]

Facts

  • A police officer restrained a woman by taking hold of her arm
  • The woman proceeded to scratch the police officer and was charged with assaulting a police officer in the execution of duty

Issue

  • Could a battery claim be made?

Decision

  • No

Reasoning

  • The officer was acting outside of the scope of duty at a police officer, therefore the scratching was an act of self defence
  • Lord Goff defined assault as “an act which causes [the claimant] to apprehend the infliction of immediate and unlawful force on his person.” and battery as the “[A]ctual infliction of unlwful force on another person”.
  • Lord Goff also said that consent to trespass is given the the ordinary conduct of everyday life, which the the present claim did not fit into
Goto Top
Close Notification

Recent News

Other News