The Queen on the application of G, et al. v. Nottinghamshire Healthcare NHS Trust, et al.

Three claimants, who were, or had been, detained at a mental health facility, challenged a government regulation banning smoking in mental health facilities based on the right of privacy in the home and the right to protection against discrimination against mentally ill persons. Rejecting the notion of an absolute right to smoke wherever one is living, the Court upheld the regulation, reasoning that in light of health considerations and the rights and freedoms of others, the law may place restrictions smoking without interfering with the smoker's general rights, including the right to privacy and family life.

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The Queen on the application of G, et al. v. Nottinghamshire Healthcare NHS Trust, et al., [2008] EWHC 1096 (admin), High Court of Justice, Queen's Bench Division, Administrative Court (2008).

  • United Kingdom
  • May 20, 2008
  • High Court of Justice, Queen's Bench Division, Administrative Court

Parties

Plaintiff

  • The Queen on the application of B
  • The Queen on the application of G
  • The Queen on the application of N

Defendant

  • Nottinghamshire Healthcare NHS Trust
  • Secretary of State for Health

Legislation Cited

Health Act 2006

Human rights Act 1998

Smoke-free (Exemption & Vehicles) Regulations 2007 (SI 2007/765)

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None