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Vicarious Liability for injury caused by prisoner
In Cox v Ministry of Justice, the Court of Appeal has held that the Ministry of Justice is vicariously liable for the injury caused to a staff member by one of the prisoners. The staff member worked in the catering department and the prisoner worked in the kitchens. The prisoner was considered to be so integral to the work, business and organisation of the prison that the Court of Appeal felt it was only just and equitable to make the Ministry of Justice responsible for his negligence. The prisoner was carrying out paid work under the supervision of the catering manager, who was not strictly speaking an employee but had day to day charge of all the catering in the prison.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222
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