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08 August 2013 / Robert O'Leary
Issue: 7572 / Categories: Features , Personal injury
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Who carries the can?

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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

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