ABSTRACT
The main remedy in the law of tort, in particular in negligence, is an award of damages. This aims to put the claimant back into the position he would have been in if the tort had not been committed. However, other remedies may be available. Cherie and Tony Blair have recently sought an injunction of the court to prevent publication of a diary by their former nanny which they assert is in breach of a confidentiality clause in the employment contract. Such an order can be issued in the interim, pending the outcome of the claim. Some are mandatory, requiring the taking of action, and others are prohibitory, requiring that certain action cease or not be taken. Usually, the granting of an injunction in tort will only be appropriate where there is a continuing activity such as the commission of a nuisance. It is not unknown for the law to permit a defendant to take self-help, but much care is required with this if he is not to commit a tort. The dangers were noted in Revill v Newbery (1996).
