In English law, assault and battery are distinct but related concepts in both tort and criminal law. Assault involves causing another to apprehend immediate unlawful force, while battery involves the actual infliction of unlawful force on another person.
Assault protects individuals against threats of violence, whereas battery safeguards against unwanted physical interference. Neither requires serious harm; the key is the unlawful nature of the act and the absence of consent or lawful justification.
In tort, claimants may sue for damages or seek injunctions. In criminal law, common assault and battery are offences under the Criminal Justice Act 1988, s.39, punishable by imprisonment or fines. Key cases include Collins v Wilcock (1984), which defined everyday social contact as outside battery, and R v Ireland (1997), confirming that silent phone calls can amount to assault.
Assault and battery are foundational concepts in English law, protecting personal security and autonomy. They exemplify the balance between individual rights and permissible conduct in both civil and criminal contexts.
You may also find our more detailed guide to assault and battery helpful.
March 20, 2026
The appellant aggressively interrogated a lodger about a missing ring, allegedly striking him and locking him in a room. The victim escaped through a window and was injured. The Court of Appeal held that 'actual bodily harm' can include psychiatric injury but not mere emotions like fear or distress, and...
March 19, 2026
Tuberville grabbed his sword handle but stated he would not act because judges were in town. Savage attacked him, causing loss of an eye. The court held that conditional threats without imminent harm do not constitute assault, establishing that words can negate an apparent threat. Facts Savage made insulting comments...
February 15, 2026
In X v The Lord Advocate, the Supreme Court held the Crown cannot be vicariously liable for delicts allegedly committed by a Scottish sheriff because stage 1 fails: the relationship is not akin to employment. The key driver is constitutional structure - executive "control" is incompatible with judicial independence.
February 14, 2026
A legal practitioner alleged that a sheriff assaulted and harassed her during four incidents in 2018. She sought to hold the Crown vicariously liable for the sheriff's alleged delicts. The Supreme Court dismissed the appeal, holding that the relationship between a sheriff and the Scottish Government is not akin to...
January 7, 2026
Two appeals concerning whether psychiatric injury can constitute bodily harm under the Offences against the Person Act 1861. Ireland made silent telephone calls causing psychiatric illness; Burstow stalked a woman causing severe depression. The House of Lords held psychiatric injury is bodily harm and can be inflicted without physical violence....
December 11, 2025
Mr Fagan accidentally drove his car onto a police constable’s foot. After being told, he refused to move the car for a time. The court held this was a continuing battery so that mens rea could arise during the act, constituting an assault. Appeal dismissed. Facts The appellant, Vincent Martel...
June 1, 2026
National Case Law Archive
June 1, 2026
National Case Law Archive
June 1, 2026
National Case Law Archive