Co-Operative Group (CWS) Ltd v Pritchard

Co-Operative Group (CWS) Ltd v Pritchard

Contributory negligence is not available as a partial defence to claims for assault and battery under the Law Reform (Contributory Negligence) Act 1945, as there was no such defence at common law for intentional torts. The trial judge erred in rejecting the expert evidence on causation without adequate reasons; the correct approach was to accept that the assault accelerated the claimant's psychiatric condition by 1-2 years, warranting a reduction in damages.

Parties
Appellant/defendant: Co-operative Group (CWS) Limited; Respondent/claimant: Miss Deborah Pritchard
Jurisdiction
England and Wales
Judgment Date
28 March 2011
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed on contributory negligence; allowed on causation; damages to be reduced accordingly.
Legal Topics
Assault and Battery, Contributory Negligence, Causation, Damages
Tort Law Assault and Battery Contributory Negligence Causation Damages

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Parties

Co-operative Group (CWS) Limited

Appellant/defendant

Miss Deborah Pritchard

Respondent/claimant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether contributory negligence is available as a partial defence to a claim for assault and battery under the Law Reform (Contributory Negligence) Act 1945.
  2. 2 Whether the trial judge misapplied or misinterpreted the psychiatric evidence on causation and damages.

Ratio Decidendi

Contributory negligence is not available as a partial defence to claims for assault and battery under the Law Reform (Contributory Negligence) Act 1945, as there was no such defence at common law for intentional torts. The trial judge erred in rejecting the expert evidence on causation without adequate reasons; the correct approach was to accept that the assault accelerated the claimant's psychiatric condition by 1-2 years, warranting a reduction in damages.

Court Disposition

Appeal dismissed on contributory negligence; allowed on causation; damages to be reduced accordingly.

Orders

  • Damages to be recalculated to reflect only 1-2 years' acceleration of psychiatric injury, with figures to be agreed by counsel.