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R (N) v Secretary of State for Health, R (E) v Nottinghamshire Healthcare NHS Trust (Equality and Human Rights Commission as Intervenor)

Author / Contributor: Kris Gledhill
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R (N) v Secretary of State for Health, R (E) v Nottinghamshire Healthcare NHS Trust (Equality and Human Rights Commission as Intervenor)
   
Issue: Whether a ban on indoor smoking in a high secure hospital, where outdoor smoking was not practical, breached Arts 8 and/or 14 ECHR; whether a no-smoking policy was being applied inflexibly and so unlawfully.
   
Court: Court of Appeal
   
Reference:   C1/2008/1307
   
Neutral Citation:   [2009] EWCA Civ 795
   
Judge(s): Lord Clarke MR, Keene and Moses LJJ
   
Date: 24 July 2009