Kate Grange and Stephen Kosmin are appearing in the Supreme Court on behalf of the appellant in Cox v Ministry of Justice (appealing  EWCA Civ 132).
The central question in this appeal is whether the prison authorities should be held vicariously liable for the actions of a negligent prisoner. The Court of Appeal reversed the finding of the first instance judge and held that the appellant was vicariously liable where a prisoner working in a prison kitchen negligently injured the catering manager at the prison.
The Court of Appeal reached that conclusion on the basis that the relationship between the prison and the prisoner, when undertaking that kind of activity, was “akin to employment”. No previous case had recognised vicarious liability on the part of the prison authorities for the acts of prisoner workers.