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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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EIP—Stuart Malcolm

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Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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