Al Hassan-Daniel & Anor v HM Revenue and Customs & Anor

Al Hassan-Daniel & Anor v HM Revenue and Customs & Anor

The common law criminality defence does not operate to bar claims under the Human Rights Act based on Convention rights; causation, not criminality, is the critical issue for liability.

Parties
Claimant/appellant: Mrs Ayesha Al Hassan-Daniel; Claimant/appellant: Estate of Anthony Daniel deceased; 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 Against Strikeout Decision
Outcome
Appeal allowed; strikeout decision reversed; action may proceed.
Legal Topics
European Convention on Human Rights, Human Rights Act 1998, Criminality Defence, Article 2 Right to Life, Article 3 Prohibition of Inhuman Treatment, Justiciability, Causation
Human Rights Law Civil Procedure European Convention on Human Rights Human Rights Act 1998 Criminality Defence Article 2 Right to Life Article 3 Prohibition of Inhuman Treatment Justiciability +1 more

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Parties

Mrs Ayesha Al Hassan-Daniel

Claimant/appellant

Estate of Anthony Daniel deceased

Claimant/appellant

Her Majesty’s Revenue and Customs

Defendant/respondent

Justice

Intervener

Procedural Posture

Civil Appeal / Interlocutory Appeal Against Strikeout Decision

Legal Issues

  1. 1 Does the criminality defence bar a claim under the Human Rights Act based on Articles 2 and 3 of the European Convention on Human Rights?
  2. 2 Do the claimants have locus standi as 'victims' under the Human Rights Act?
  3. 3 Is causation the critical issue for liability in this context?

Ratio Decidendi

The common law criminality defence does not operate to bar claims under the Human Rights Act based on Convention rights; causation, not criminality, is the critical issue for liability.

Court Disposition

Appeal allowed; strikeout decision reversed; action may proceed.

Orders

  • Action to continue in Central London County Court unless discontinued.
  • Claimants' lawyers and Legal Services Commission to reappraise prospects of success.