Hemmings v The Stoke Poges Golf Club [1920]

A servant occupied a cottage as a service occupier, but refused to leave when his employment came to an end. The employer therefore entered the cottage and removed the servant and his belongings. The employer did not use any more force than was reasonably necessary, but furniture was put in a garage that was not completely watertight. Rain fell on the furniture, and the servant sued for assault, battery and tresspass.

HELD: The judge found that no appreciable damage was done to the furniture, and no damage beyond what was neceessarily incidental to its removal.

Citation: Hemmings v The Stoke Poges Golf Club [1920] 1 KB 720, CA