Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Distress definition

What does Distress mean? In practice, distress describes the seizure of a debtor’s goods to secure or satisfy sums due-traditionally rent arrears-without first obtaining a court order. It was a common law landlord’s remedy. England and Wales: the common law remedy of distress for rent has been abolished and replaced by statutory “taking control of goods” procedures. For commercial premises, the successor is Commercial Rent Arrears Recovery (CRAR) under the Tribunals, Courts and Enforcement Act 2007. CRAR is available only for qualifying commercial leases, is exercised by certificated enforcement agents after prior notice, and is limited to rent (not general sums under the...

Psychiatric injury claims: recognised illness requirement, exceptions without diagnosis, and guidance on obtaining expert evidence (England and Wales)

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

The general rule—no compensation unless there is a recognised psychiatric illness

It is not unusual for those injured in accidents to experience marked distress following the event or harm, especially where the incident was extremely serious or involved a death. However, as a general position, that distress alone will not justify a separate head of loss for psychiatric injury unless it amounts to a recognised psychiatric illness. Consequently, determining whether a claimant has indeed sustained a recognised psychiatric condition is a matter of real significance. Settling this point promptly has two clear advantages:

first, it ensures the claim advances on the proper footing and the claimant receives full compensation; and
second, it enables the rehabilitation code to be deployed so that a claimant who stands to gain clinically from psychological or psychiatric treatment can access it at the earliest opportunity

For more detail on the Rehabilitation Code, see Practice Note: Rehabilitation Code 2015...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...