The claimants sought to challenge the validity of rules brought in under the 2009 Act as to the placement of cigarette vending machines in retail outlets. They said it was a a national measure restricting the free movement of goods. The justification put forward was the protection of public health. The issue was whether the measure was necessary, or whether the objective might have been achieved by a less restrictive measure.
Held: The Court considered the general considerations governing proportionality and treated them as relevantly identical under EU and Convention law
Lord Neuberger MR, Laws, Arden LJJ
 EWCA Civ 437,  QB 394,  2 WLR 304,  Eu LR 50,  3 CMLR 37, (2012) 123 BMLR 36,  ACD 98
Protection from Tobacco (Sales from Vending Machines) Regulations 2010, Health Act 2009 22 23
England and Wales
Appeal from – Sinclair Collis Ltd v Secretary of State for Health and Another Admn 1-Dec-2010
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Cited – Nicklinson and Another, Regina (on The Application of) SC 25-Jun-2014
The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to . .
These lists may be incomplete.
Updated: 12 March 2021; Ref: scu.440850