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13 January 2011
Issue: 7448 / Categories: Case law , Law reports
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Negligence—Causation—Legal causation

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Al Hassan-Daniel (in her own right and as representative of estate of Anthony Daniel (deceased)) and another v Revenue and Customs Commissioner (Justice intervening) [2010] EWCA Civ 1443, [2010] All ER (D) 191 (Dec)

Negligence—Causation—Legal causation

Al Hassan-Daniel (in her own right and as representative of estate of Anthony Daniel (deceased)) and another v Revenue and Customs Commissioner (Justice intervening) [2010] EWCA Civ 1443, [2010] All ER (D) 191 (Dec)

Court of Appeal, Civil Division, Lord Neuberger MR, Maurice Kay and Sedley LJJ, 15 Dec 2010.

The common law defence of criminality, ex turpi causa non oritur actio, does not operate in European Convention law so as to bar a claim under the Human Rights Act 1998 (HRA 1998).

Hugh Southey QC (instructed by Hickman Rose) for the claimants. Jason Beer (instructed by the Treasury Solicitor) for the defendant. Paul Bowen and Alex Gask instructed by Justice and for Justice (written submissions only).
The deceased was a professional drug smuggler. In February 2006, not long after his release from a sentence of imprisonment, he was stopped at Heathrow Airport and found to have traces of cocaine on

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