R(Black) v Secretary of State for Justice [2015] 1 WLR 3963, [2015] 4 ALL ER 790; [2016] 3 WLR 28: [2016] 3 All ER 30: (2016) 150 BMLR 145: Times, May 6, 2016.

In this case Philip Havers QC and Shaheen Rahman act for the Claimant, a prisoner who argues that the ban on smoking in public places should be enforced in the common parts of prisons.

The case claim succeeded at first instance before Mr Justice Singh. The Defendant, represented by James Eadie QC and David Pievsky successfully argued on appeal that the Health Act 2006 which introduced the smoking ban in public places and workplaces did not apply to prisons (or any Crown premises) on the basis of Crown Immunity.

The Claimant’s grounds of appeal were considered by Lord Neuberger, Lord Clarke and Lord Carnwath who granted permission on the basis that the case raised an arguable point of law of general public importance.

The hearing has been listed to be heard on 31st October and 1st November 2017.