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Cox v Ministry of Justice (Rev 2)

2014

COURT OF APPEAL (CRIMINAL DIVISION)

United Kingdom

CORAM

  • LORD JUSTICE McCOMBE
  • LADY JUSTICE SHARP

Areas of Law

  • Tort Law
  • Employment Law

AI Generated Summary

In the Court of Appeal, Lord Justice McCombe held the Ministry of Justice vicariously liable for injuries suffered by the catering manager at HM Prison Swansea when a paid prisoner, Mr Inder, ignored instructions during a delivery after a lift malfunction and dropped a 25 kg sack onto her back. The County Court had dismissed her claim, rejecting vicarious liability and a non-delegable duty argument. Applying the Supreme Court’s framework in Various Claimants v Catholic Child Welfare Society, McCombe LJ concluded the prison kitchen activity was undertaken on the Ministry’s behalf, formed part of its organisational enterprise, created risk, and was under its control, so the relationship was sufficiently akin to employment. He agreed the non-delegable duty ground failed for lack of causal relevance of training. Lord Justice Beatson concurred with both reasoning and outcome, and Lady Justice Sharp agreed, resulting in a unanimous decision allowing the appeal and remitting quantum to the trial judge.