Intentional infliction of emotional distress

[Neri247]

I'm just wondering if you can sue someone for saying horrible and untrue things about you to your other guests and causing one person to come and 'tell you off' in the middle of your wedding day causing you upset and distress?

[R0b]

You cannot sue for mental distress alone, there would need to be some physical injury added to it.

[des8]

I'm going to disagree with you there R0b .(nothing personal lol)
I believe that it is possible to make such a claim (for intentional infliction of emotional distress) even if there is no physical injury but the claimant would have to prove the distress caused has greatly affected quality of life. Whether or not that hurdle can be overcome in this instance is another matter as the effect of the distress would have to last a considerable time.
The earliest case ? Wilkinson v Downton [1897] EWHC 1 (QB), [1897] 2 QB 57

[R0b]

des8 no worries

The reference to Wilkinson v Downton is the start of what was to become psychiatric injury, and although the rule is very old I remember that this case has raised its head in recent times where claimants have relied on this rule where they have no other cause of action. One of the key elements as I understand it is an act which is intended to cause physical harm. I think that this rule has pretty much moulded itself into the tort of negligence but even argued that it is not and operates on its own, there still has to be some kind of intention to cause physical harm or perhaps being reckless about it.

In my view, the rule in is entirely different to an event which causes upset to someone hence there has to be something more to it than just someone saying horrible things to someone. Unless this type of event is classified as 'shocking' I can't see how the OP has any real prospects of a claim.

Of course other causes of action might allow for mental distress e.g. personal injury, claims under the Equality Act 2010, breach of contract etc. but none of those actions appear to be applicable here.

[jaguarsuk]

A further CoA could be approached via the Defamation Act 2013 S1(1) as the untruths are "likely to cause serious harm” to the reputation of the Claimant. The Claimant could seek General Damages for loss of reputation.

The costs of such a claim would be really high though and via the High Court.

[des8]

Basically in agreement with you R0b that the OP has no cause of action unless the distress caused has greatly affected quality of life.
It would be necessary to show that the act was intended to cause distress and had actually caused such distress over an extended period of time.
One would need to show indications such as sleep deprivation, depression,OCD, anger management problems,chronic fatigue etc etc.
Obviously supporting medical evidence would be required.

Interesting Supreme Court case James Rhodes v OPO & Anor [2015] UKSC 32. where the decision revolved round the lack of intention.


Anyway, whilst sympathising with @NER1247 over a distressing incident on your wedding day, unless it has caused lasting emotional problems which can be evidenced by medical reports, IMO you have no case to take to court.

Of course if the untrue statements about you damaged your reputation you may have a case for defamation.
However such a claim is held in the High Court and you would be well advised to obtain professional face to face advice before proceeding.