Date: Fri, 19 Oct 2007 15:01

From: Keith Stanton

Subject: Johnston v NEI

Robert,

In those circumstances, the employee rings the Health & Safety Executive.

People don't go to solicitors to get nominal damages and an injunction when they can get a prohibition order free of charge via HSE.

Keith

--On 19 October 2007 14:47 +0100 Robert Stevens wrote:

John must be right.

What if employees wish to stop an employer from exposing them to a dangerous working practice? Do the employees have to wait to be injured before they can get before the court? Where courts order a specific remedy (such as an injunction or specific performance) they are ordering compliance with the primary right. Contractual obligations are enforceable without the necessity of proof of consequential loss for any breach. Where there is breach, this is actionable without proof of loss.

You cannot get an injunction as a response to 'negligence' as, definitionally, we are talking about the secondary obligations which arise once the defendant has 'neglected' to comply with his primary duty.

----------------------
KM Stanton, Law
Tel: 0117 954 5307

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