“Any unwanted touching without consent constitutes battery in English law.”
A police officer grabbed a woman's arm to prevent her walking away during questioning. The woman had not been arrested and was not obliged to remain. She was convicted of assaulting the officer but appealed.
Whether touching without consent constitutes battery and what level of physical contact is required for the tort of battery.
The Divisional Court held that any unwanted physical contact without consent or lawful authority constitutes battery. The officer's action was unlawful, so the woman's response was justified.
This case is fundamental to understanding the tort of battery and the concept of consent in trespass to the person. It establishes the low threshold for battery and the importance of lawful authority for physical contact, making it essential for tort law students.
You're reading the free summary of Collins v Wilcock. Create a free account to unlock the full reasoning, the cited authorities and the verbatim judgment — plus structured briefs for 412,000+ UK judgments.
No card required. Free forever.
OSCOLA Citation
Collins v Wilcock [1984] 1 WLR 1172
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Falls back to Google for old citations BAILII catalogues separately
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.