Small claims court for emotional distress!

[UrbanGoose]

Can I take someone to court for causing emotional distress? I have medical evidence of the distress as well as damages caused by being off work due to the distress.

Edit:spelling

[R0b]

The general rule of compensation for distress or emtional illnesses is that there is no basis in contract law, unless the object is to provide peace of mind, relaxtion or pleasure.

For claims in negligence, there is a potentially opportunity to claim damages for what is known as psychiatric injury but this falls under personal injury. You would generally need an expert to provide a medical opinion to show that the actions have caused you to suffer a psychiatric injury e.g. depression, PSTD etc.

[UrbanGoose]

For claims in negligence, there is a potentially opportunity to claim damages for what is known as a psychiatric injury but this falls under personal injury. You would generally need an expert to provide a medical opinion to show that the actions have caused you to suffer a psychiatric injury e.g. depression, PSTD etc.

So can I claim for personal injury via the small claims court for a psychiatric injury?

[R0b]

You could, but the rules state that any personal injury claim suitable for small claims track is limited to £1,000.

It is natural and common practice for the other side to request your medical records so that's something you need to be aware of and in any event, psychiatric injury or illness is not particularly easy to prove.

If you can provide more background to the issue maybe we can help point you in the right direction. Otherwise you will get generic answers

[des8]

How was the distress caused?
A course of action which a reasonable person would know, or should know. causes distress is an offence under the Protection from Harassment Act 1997.
There are civil remedies available under that Act including " damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment."

[UrbanGoose]

The distress was caused by a witness in a civil case make a false statement about my character and saying I was aggressive towards members of a particulate social group. While I have been told that pursuing a liable claim would be difficult the accusations caused me to have a breakdown.

[R0b]

I'm afraid you could struggle.

Depending on the type of case, it is not uncommon for witnesses to make a comment on a particular set of facts or circumstances.Obviously I am not aware of the case or the facts or your current state of health but I've never heard of anyone who has become depressed because someone commented on their character or conduct.

Chances of success are likely to be very little in my eyes.

[des8]

IMO you would do more than struggle as statements made in a judicial proceedings are protected by absolute privilege.

[UrbanGoose]

IMO you would do more than struggle as statements made in a judicial proceedings are protected by absolute privilege.

Does absolute privilege allow people to lie in statements. Is there no way to deal with people making a false statement?

[wales01man]

Defendants lie all the time after all one would deny a crime even with solid proof of guilt

[des8]

If a person lies under oath in court, or knowingly makes a written untrue statement verified by a statement of truth they are guilty of perjury for which the maximum sentence is 7 years in gaol &/or a fine.
Proving it is another matter, and it is right that witnesses in court can say what they think without fear of civil action later. Witnesses need to be able to speak freely for the sake of justice, but it is unfortunate that a few will abuse this privilege