Stephens v Myers: CCP 17 Jul 1830

Assault by Words Requires Means to Carry Out

In a turbulent parish council meeting, the meeting voted to have the defendant ejected. He refused, and advanced toward the chairman waving his clenched fist and saying he would rather throw him from the chair. He was stopped before getting within striking distance, but the chairman sued for assault.
Held: The claim succeeded. Tindal CJ said: ‘It is not every threat, when there is no actual personal violence, that constitutes an assault, there must, in all cases, be the means of carrying the threat into effect.’

Tindal CJ
(1830) C and P 349, [1830] EWHC KB J37, [1830] 172 ER 735, [1830] EngR 750, (1830) 4 Car and P 349, (1830) 172 ER 735 (A)
Bailii, Commonlii
England and Wales
Cited by:
CitedMbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others CA 23-Oct-2006
Foreign Public Law Not Enforceable Here
The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages.
Held: The claims were . .
CitedMbasogo, President of the State of Equatorial Guinea and others v Logo Ltd and others QBD 21-Sep-2005
The court was asked whether a crime, which was not an actionable tort, constituted unlawful means for the purposes of the tort of conspiracy to injure by unlawful means. . .

Lists of cited by and citing cases may be incomplete.

Torts – Other

Leading Case

Updated: 01 November 2021; Ref: scu.245580