Until recently it seemed that contributory negligence would be available as a defence to assault and battery, although its application was uncertain, particularly as there are authorities which deny that provocation can be a defence, see Barnes v Nayer, The Times, 19 December 1986. The situation has now been clarified in the case of Co-operative Group (CWS) Ltd v Pritchard [2011] EWCA 329. The Court of Appeal in this case made it clear that the defence of contributory negligence is not available in the torts of assault and battery as a matter of law.