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13 January 2011
Issue: 7448 / Categories: Case law , Law reports
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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)

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

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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