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18 March 2016
Issue: 7691 / Categories: Case law , Law digest , In Court
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Prison

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R (on the application of Black) v Secretary of State for Justice [2016] EWCA Civ 125, [2016] All ER (D) 82 (Mar)

The Court of Appeal allowed the secretary of state’s appeal against a decision that the Crown was bound by Ch 1 of Pt 1 of the Health Act 2006, which contained prohibitions on smoking in certain places and introduced various mechanisms by which such prohibitions were to be enforced. The stringent necessary implication test was not satisfied.

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