Suspected of having ingested bags of cocaine, the deceased had been arrested on arrival at the airport. He refused all liquids and foods, but after a week, he died of acute cocaine poisoning. His wife sought damages alleging human rights infringement, and the defendant sought to strike out the claim under ex turpi causa non oritur actio. His family appealed direct from the county court.
Held: The appeal succeeded. The defence of ex turpi causs could not be applied in a human rights case.
Judges:
Lord Neuberger MR, Maurice Kay VP, Sedley LLJ
Citations:
[2010] EWCA Civ 1443, [2011] HRLR 9, [2011] 2 WLR 488, [2011] 2 All ER 31, [2011] UKHRR 1
Links:
Jurisdiction:
England and Wales
Human Rights, Torts – Other, Crime
Updated: 28 August 2022; Ref: scu.427168