Cox v Ministry of Justice [2016]

Posted In: Case Law
  • Case Reference
    UKSC 10
  • Legal Body
    Uk Supreme Court (UKSC)
  • Type of Claim / Jurisdiction
    Health and Safety, Contracts of Employment
Issues covered: Vicarious Liability; Industrial Injury; Prisoners

This UK case might have persuasive relevance in the Republic of Ireland. Readers may recall that in February 2014 the UK Ministry of Justice was held liable for an injury, caused by a prisoner, to a catering manager at a prison kitchen. The then complainant, Ms Cox, was in Crown service and therefore was not actually an employee. Neither was the negligent prisoner, although prisoners in the kitchen receive nominal wages. 

The England & Wales Court of Appeal looked at previous case law in this area and concluded that the prison service was a quasi employer and that the prison/prisoner relationship might even be more controlled than that of employer/employee:

"Far from there being

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This article is correct at 22/04/2016

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