Description
Self-Defence in Assault Claims must be based on an Honest and Reasonable Belief:The House of Lords held that, in order for a defendant to establish self-defence in response to a claim in tort for assault and battery, they must not only show that they honestly believed that they were in imminent danger of being attacked, but also that such belief was reasonably held. It was acknowledged that the decision represented a divergence from the test for self-defence in criminal law where an honest belief is sufficient (even if not reasonably held). Lord Scott explained that this is because civil claims inevitably involve the balancing of competing rights between the parties; the considerations to be balanced differ from those in a criminal case.
