Co-operative Group Ltd v Pritchard [2011] EWCA Civ 329

Facts

• Mr. Pritchard, an employee of Co-operative Group Ltd, was assaulted by a colleague during a workplace altercation.
• Mr. Pritchard sustained injuries and brought a claim against his employer, alleging vicarious liability for the assault.
• The employer accepted liability for the assault but argued that Mr. Pritchard’s own conduct should reduce the damages awarded.
• The case focused on whether the doctrine of contributory negligence applied to reduce damages in intentional tort claims such as assault.

Issues

1. Whether contributory negligence can be applied as a defence to reduce damages in cases involving intentional torts.
2. Whether the Law Reform (Contributory Negligence) Act 1945 extends to intentional wrongdoing, or is limited to negligence-based claims.

Decision

• The Court of Appeal held that contributory negligence is not a defence to intentional torts such as assault.
• The court determined that the Law Reform (Contributory Negligence) Act 1945 was not intended to cover intentional torts.
• The Act’s definition of "fault" does not extend to deliberate wrongdoing.
• The distinction between negligence and intentional torts was reaffirmed, with intentional wrongdoers remaining fully liable for their actions.

Legal Principles

• Contributory negligence allows reduction of damages where the claimant's negligence contributed to their loss, as established by the Law Reform (Contributory Negligence) Act 1945.
• The 1945 Act applies only to negligence, breach of statutory duty, or other acts or omissions, and does not include intentional acts.
• There is a fundamental legal and moral distinction between negligence and intentional harm; the more culpable nature of intentional wrongdoing justifies full liability.
• Allowing contributory negligence as a defence to intentional torts would undermine deterrence and proper accountability for deliberate harm.
• The judgment reaffirmed the separation of negligence and intentional torts in English tort law.

Conclusion

The Court of Appeal in Co-operative Group Ltd v Pritchard [2011] EWCA Civ 329 definitively held that contributory negligence is not a defence to intentional torts, ensuring full liability for intentional wrongdoers and clarifying the boundaries of liability and available defences in tort law.