1

Obviously assault is a criminal matter, but what provisions are available that govern claiming civil compensation for assault for which indisputable video evidence exists?

Is a police report required if the video evidence establishes the facts beyond a reasonable doubt?

How are damages typically calculated?

4
  • 1
    There is no such thing as "indisputable" evidence, it can always be disputed, one way or another. Video evidence does not have any special standing or procedures. Any evidence that is admissible might be presented in a civil proceeding, and evaluated by the trier of fact. Jun 14 at 19:26
  • Okay well how do you refer to evidence that is of the strongest grade one may generally encounter?
    – Joseph P.
    Jun 14 at 19:36
  • From whom? In a civil lawsuit against the perpetrator? In a restitution award in a criminal case? From the government? From an insurance company?
    – ohwilleke
    Jun 14 at 21:14
  • @ohwilleke yes, against the perpetrators, either individually or perhaps through the incorporated organization under whose banners and auspices the political demonstration was held.
    – Joseph P.
    Jun 14 at 21:16

1 Answer 1

3

Trespass to person

Assault, battery and false imprisonment are all intentional torts that fall within the collective name of trespass to person. They are all actionable per se meaning the defendant does not have to prove damages.

Damages that are recoverable are general (pain, suffering and loss of amenity) and special (direct economic loss like doctor’s bills and loss of past and future wages). The onus is on the plaintiff to prove these losses; if they can’t but can prove the trespass, they will receive nominal damages (£1).

2
  • What are intentional torts, and does mental alarm and distress during the episode of being attacked count as pain and suffering? Or the public humiliation of it?
    – Joseph P.
    Jun 15 at 7:00
  • Oops, intentional torts are defined in the linked article.
    – Joseph P.
    Jun 15 at 7:10

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.