Intentional infliction of emotional distress CASES
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A mother and son, improperly strip-searched during a prison visit, suffered psychiatric injury. The House of Lords rejected their claim for invasion of privacy, stating no such general tort existed in English law, and clarified the tort of intentional infliction of harm. Facts In December 1996, Mrs Carol Wainwright and her son Alan Wainwright visited Armley Prison in Leeds to see another son, Patrick, who was on remand. Alan Wainwright had cerebral palsy and learning difficulties. On suspicion that they were trafficking drugs, prison officers required them to undergo a strip-search. The searches were conducted in a manner that failed
A father intended to publish a memoir detailing past abuse. His son sought an injunction, fearing psychological harm. The Supreme Court discharged the injunction, clarifying the tort of intentionally inflicting emotional distress requires intent to cause harm, not just recklessness. Facts The appellant, a professional musician and author, wrote a memoir detailing the extreme sexual, physical, and emotional abuse he suffered as a child, along with his subsequent struggles with drug addiction, self-harm, and mental illness. He intended for the book to be published for a wide audience. However, his former wife, acting as the litigation friend for their 12-year-old
