Decided 15 June 1964 End date June 15, 1964 | Transcript(s) BAILII transcript | |
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Full case name Doreen Ann Letang v Frank Anthony Cooper Citation(s) [1965] 1 QB 232
[1964] EWCA Civ 5
[1964] 2 Lloyd's Rep 339
[1964] 2 All ER 929 Judges sitting Lord Denning MR, Diplock LJ and Danckwerts LJ Court Court of Appeal of England and Wales Judge sittings Alfred Denning, Baron Denning, Kenneth Diplock, Baron Diplock, Harold Danckwerts Similar Wilkinson v Downton, Tuberville v Savage, Fagan v Metropolitan Police Co, Blyth v Birmingham Waterwor, Nettleship v Weston | ||
Letang v Cooper [1964] EWCA Civ 5 (15 June 1964) is an English Court of Appeal judgment, by which it was decided that negligently caused personal injury cannot be recovered under the trespass to the person, but the tort of negligence must be tried instead.
Contents
Facts
Mr Cooper (the defendant) negligently ran over Mrs Letang (the plaintiff) in his Jaguar motor car while she was sunbathing on a piece of grass where cars were parked. The plaintiff filed a claim in trespass to the person, because the claim in Negligence was time-barred. Trespass to the person is a tort involving wrongful direct interference with another person and traditionally included both intentional and negligent acts.
Judgment
The Court of Appeal, consisting of Lord Denning MR, Diplock LJ and Danckwerts LJ, held unanimously that since Mr Cooper's actions were negligent rather than intentional, the statute of limitations barring claims actions for damage caused by negligence applied. Mrs Letang could not recover her damages because her claim was late.
Effect
The effect of this case was that an action for trespass to the person can now only be brought for intentional torts, such as assault, battery, false imprisonment, trespass to land or chattels, etc. A claimant wishing to recover damages to his person or property that were caused by the defendant's negligent action must prove all the elements of the tort of negligence. However the decision did not affect actions for trespass to goods. conversion is still a strict liability tort under English law, and recover does not depend upon establishing negligence.
Lord Denning summarised the change: