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