Can you sue for emotional distress in the UK? The short answer is: not as a standalone claim. English law does not recognise a free-standing tort of "emotional distress." However, emotional distress and psychological harm can form an important part of a damages claim in defamation, harassment, negligence, and other established causes of action.
Why There Is No Standalone "Emotional Distress" Claim
Unlike some US states, English law does not allow you to sue someone simply for causing you emotional upset. The courts require an established legal wrong — a tort such as defamation, negligence, harassment, or misuse of private information — before damages can be awarded. Emotional distress is compensated as a consequence of the underlying wrong, not as a wrong in itself.
Emotional Distress in Defamation Claims
In defamation claims, damages for emotional distress are routinely awarded as part of the overall compensatory award. The court takes into account the claimant's hurt feelings, embarrassment, anxiety, and loss of confidence when assessing general damages. Where the defamation has caused clinically recognised psychological harm — such as depression, anxiety disorders, or PTSD — the damages award can be significantly higher.
Emotional Distress in Harassment Claims
Under the Protection from Harassment Act 1997, a claimant can recover damages for anxiety caused by harassment. This is one of the few statutory provisions that expressly allows recovery for emotional harm. Where the harassment involves defamatory publications, the defamation and harassment claims can be brought together, maximising the available remedies.
Need Expert Legal Advice?
Our specialist defamation solicitors offer free, confidential case evaluations. Get clarity on your legal position today.
When Can You Recover Damages for Emotional Distress?
You can typically recover damages for emotional distress in the following situations:
- Defamation: As part of the general damages award for harm to reputation
- Harassment: Under the Protection from Harassment Act 1997
- Misuse of private information: For the distress caused by the disclosure of private facts
- Clinical negligence: Where professional negligence causes recognisable psychiatric injury
- Personal injury: Where physical injury is accompanied by psychological harm
Evidence of Emotional Distress
To maximise a damages claim for emotional distress, you should document the impact as fully as possible: GP records, prescriptions, therapy notes, sick leave records, witness statements from family members about the change in your behaviour, and — in more serious cases — a psychiatric or psychological expert report.
Related Reading
Defamation and mental health | Defamation compensation | Harassment UK law guide
Free Confidential Consultation
Has defamation caused you harm?
- No-obligation free case assessment
- UK's 1-year limitation period — act now
- Referral to specialist defamation solicitors
