— A drug smuggler swallowed a kilogram of cocaine and died of poisoning in custody after refusing all food and almost all drink for a week. The criminality defence (ex turpi causa non oritur actio: no claim arises from a dishonourable cause of action), more correctly understood as a control on jurisdiction, applies to common law claims, but not to Human Rights Act 1998 claims. The claims under Article 2 and 3 could therefore proceed, but the court doubted whether they would succeed on causation. The court also confirmed that a "victim" in the HRA can include close relatives such as the claimants.
Full details available at: https://www.mentalhealthlaw.co.uk/Al_Hassan-Daniel_v_HMRC_(2010)_EWCA_Civ_1443?id=210426-1105