Al Hassan-Daniel & Anor v HM Revenue and Customs & Anor [2010] EWCA Civ 1443 (15 December 2010)

Al Hassan-Daniel & Anor v HM Revenue and Customs & Anor [2010] EWCA Civ 1443 (15 December 2010)

The common law criminality defence does not operate to bar a claim under the Human Rights Act 1998 for alleged breaches of Articles 2 and 3 of the European Convention on Human Rights. The claimants are not precluded from proceeding on this ground. The real preliminary issue is causation, not criminality.

Citation
[2010] EWCA Civ 1443
Parties
Claimants/appellants: Mrs Ayesha Al Hassan-Daniel (Suing in her own right and as representative of the Estate of Anthony Daniel deceased) and Another; Defendant/respondent: Her Majesty's Revenue and Customs; Intervener: Justice
Jurisdiction
England and Wales
Judgment Date
15 December 2010
Procedural Posture
Civil Appeal / Interlocutory Appeal From Order Striking Out Claim at First Instance
Outcome
Appeal allowed; order striking out the claim set aside; claim may proceed.
Legal Topics
Article 2 ECHR (right to Life), Article 3 ECHR (prohibition of Inhuman or Degrading Treatment), Ex Turpi Causa (criminality Defence), Causation in Human Rights Claims, Locus Standi (victim Status)
Human Rights Law Civil Procedure Article 2 ECHR (right to Life) Article 3 ECHR (prohibition of Inhuman or Degrading Treatment) Ex Turpi Causa (criminality Defence) Causation in Human Rights Claims Locus Standi (victim Status)

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Parties

Mrs Ayesha Al Hassan-Daniel (Suing in her own right and as representative of the Estate of Anthony Daniel deceased) and Another

Claimants/appellants

Her Majesty's Revenue and Customs

Defendant/respondent

Justice

Intervener

Procedural Posture

Civil Appeal / Interlocutory Appeal From Order Striking Out Claim at First Instance

Legal Issues

  1. 1 Does the common law criminality defence (ex turpi causa) bar a claim under the Human Rights Act 1998 for alleged breaches of Articles 2 and 3 ECHR?
  2. 2 Are the claimants 'victims' within the meaning of the Human Rights Act 1998 and the Convention?
  3. 3 Is causation a preliminary issue in the context of the claim?

Ratio Decidendi

The common law criminality defence does not operate to bar a claim under the Human Rights Act 1998 for alleged breaches of Articles 2 and 3 of the European Convention on Human Rights. The claimants are not precluded from proceeding on this ground. The real preliminary issue is causation, not criminality.

Court Disposition

Appeal allowed; order striking out the claim set aside; claim may proceed.

Orders

  • Order of Judge Cowell striking out the claim is set aside.
  • Claim is remitted for further consideration.