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 assisted in the preparation of food and in the delivery

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll