*R (on the application of Solomon Smith) v Secretary of State for Justice and others

Prison – Prison conditions. The appellant non-smoker prisoner appealed against the decision of the High Court to refuse his application for permission to apply for judicial review of a decision to require him to share a cell with a smoking prisoner for seven days. Dismissing the appeal, the Court of Appeal, Civil Division, held that the judge had not been wrong to refuse permission. The appellant's experience had not been of an intensity, duration and effect to amount to interference with his rights under art 8 of the European Convention on Human Rights. There had been no clear and consistent jurisprudence of the European Court of Human Rights to suggest otherwise. A similar conclusion could be reached in relation to art 14 of the Convention.

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