Judgment - Courts and Tribunals Judiciary

May 20, 2016 - 100. In October 2012, Australia's plain packaging legislation came into force, with full. (albeit staged) ..... Ireland, New Zealand, France, and Norway. As set out ...... width of 1 mm inside the surface area that is reserved for these ...... weapon used by the “researcher-activist” in the “fight against tobacco””. The.
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Neutral Citation Number: [2016] EWHC 1169 (Admin) Case No: CO/2322/2015, CO/2323/2015, CO/2352/2015, CO/2601/2015 & CO/2706/2015 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Royal Courts of Justice Strand, London, WC2A 2LL Date: 19/05/2016 Before : MR JUSTICE GREEN --------------------Between : THE QUEEN On the application of (1) BRITISH AMERICAN TOBACCO (UK) LIMITED (2) BRITISH AMERICAN TOBACCO (BRANDS) INC. (3) BRITISH AMERICAN TOBACCO (INVESTMENTS) LIMITED - and SECRETARY OF STATE FOR HEALTH And Between : THE QUEEN On the application of (1) PHILIP MORRIS BRANDS SARL (2) PHILIP MORRIS PRODUCTS SA (3) PHILIP MORRIS LIMITED - and SECRETARY OF STATE FOR HEALTH And Between : THE QUEEN On the application of (1) JT INTERNATIONAL SA (2) GALLAHER LIMITED

First Claimants Defendant

Second Claimants Defendant

Third Claimants

Tobacco Packaging

Judgment Approved by the court for handing down.

- and SECRETARY OF STATE FOR HEALTH

Defendant

And Between : THE QUEEN On the application of IMPERIAL TOBACCO LIMITED - and SECRETARY OF STATE FOR HEALTH

Defendant

ACTION ON SMOKING AND HEALTH (“ASH”)

Intervener

Fourth Claimant

----------------------------------------Case No: CO/2322/2015: NIGEL PLEMING QC, GEOFFREY HOBBS QC, DAVID SCANNELL and PHILIP ROBERTS (instructed by Herbert Smith Freehills LLP) appeared on behalf of the First Claimants Case No: CO/2323/2015: MARIE DEMETRIOU QC and DANIEL PICCININ (instructed by Skadden, Arps, Slate, Meagher & Flom (UK) LLP) appeared on behalf of the Second Claimants Case No: CO/2352/2015: DAVID ANDERSON QC, EMMA HIMSWORTH QC and JENNIFER MacLEOD (instructed by Freshfields Bruckhaus Deringer LLP) appeared on behalf of the Third Claimants Case No: CO/2601/2015: DINAH ROSE QC, BRIAN KENNELLY, LINDSAY LANE, JASON POBJOY and MAXWELL KEAY (instructed by Ashurst LLP) appeared on behalf of the Fourth Claimant JAMES EADIE QC, MARTIN HOWE QC, IAN ROGERS QC, CATHERINE CALLAGHAN, JULIANNE KERR MORRISON, NIKOLAUS GRUBECK and JAANI RIORDAN (instructed by the Government Legal Department) appeared on behalf of the Defendant in relation to each of the above proceedings And PETER OLIVER and LIGIA OSEPCIU (instructed by Leigh Day) appeared on behalf of the Intervener The following proceedings have also been linked to the above proceedings: Case No: CO/2706/2015: THE QUEEN On the application of TANN UK LIMITED, TANNPAPIER GMBH, BENKERT UK LIMITED, DEUTSCHE BENKERT GMBH & CO KG (Claimants) - and -

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Tobacco Packaging

Judgment Approved by the court for handing down.

SECRETARY OF STATE FOR HEALTH (Defendant) KELYN BACON QC and TIM JOHNSTON (instructed by Singleton Solicitors) appeared on behalf of the Claimants JAMES EADIE QC, MARTIN HOWE QC, IAN ROGERS QC, CATHERINE CALLAGHAN, JULIANNE KERR MORRISON, NIKOLAUS GRUBECK and JAANI RIORDAN (instructed by the Government Legal Department) appeared on behalf of the Defendant Hearing dates: 10-11th, 14-18th December 2015 ---------------------

Approved Judgment

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Tobacco Packaging

Judgment Approved by the court for handing down.

INDEX A. INTRODUCTION, SUMMARY & CONCLUSIONS (1) The applications for judicial review: The Regulations being challenged (2) The international and EU context (3) Implementation of the Framework Convention on Tobacco Control (“FCTC”) (4) A summary of the grounds of challenge (5) The intrinsic value of the Claimants’ evidence (6) Proportionality (7) The limits of judicial decision making (8) Violation of property rights (9) Challenges to the lawfulness of the Regulations (10) Challenges to other Treaty and Fundamental Charter Provisions (11) BAT’s challenges to the pre-legislative consultation exercise (12) The Tipping Manufacturers’ challenges (13) Conclusions

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B. THE FACTS (1) The litigation/procedural matters (2)