header-logo header-logo

08 August 2013 / Robert O'Leary
Issue: 7572 / Categories: Features , Personal injury
printer mail-detail

Who carries the can?

Who bears the risk for a working prisoner’s negligence? Robert O’Leary reports

There are over 130 prisons in England and Wales, the responsibility for which lies with the Ministry of Justice (MoJ). Around 83,000 prisoners are incarcerated in them. Prisoners work in the prisons, for which they are paid, albeit modestly. Staff members are often required to work alongside them, effectively in teams.

Who should bear the risk if a working prisoner negligently injures a member of the prison staff (or, for that matter, another working prisoner)? Should it be the MoJ as the “employer”? Or should an injured staff member be only allowed to sue the prisoner, in other words, probably with no effective remedy?

Cox: the facts

In Cox v MoJ [2013] EW Misc 1 (CC) (Swansea CC, HHJ Keyser QC), the claimant (C) was the manager of the catering department at HMP Swansea. The population of over 400 inmates was fed with meals prepared in the prison kitchen. The catering department comprised four members of staff and 20 prisoners who

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll