The appellant was unhappy with the plaintiff’s policy toward smokers. He had been made subject to an injunction requiring him not to smoke cigarettes on the plaintiff’s trains in ‘no smoking’ facilities. He had sought to argue that this did not prevent him smoking cigars. He had filed no bundle in support of his appeal, despite further opportunities reminders and warnings. His case in any event had no prospect of success, and the appeal was struck out.
Judges:
The Master of The Rolls (Lord Woolf), Lord Justice Simon Brown
Citations:
[1998] EWCA Civ 421
Jurisdiction:
England and Wales
Citing:
Appeal from – Boddington v British Transport Police QBD 23-Jul-1996
A defendant may not challenge the validity of bylaws in course of a criminal prosecution. . .
Cited by:
Appeal from – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 30 May 2022; Ref: scu.143899