Tobacco and the law: The state of the art

British Medical Bulletin

Volumn 52, Issue 1, 1996, Pages 143-156

  Howard, Gillian ^a  

^a Mishcon de Reya   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

AIRPLANE CREW; AUSTRALIA; CANADA; CIGARETTE SMOKING; CONFLICT; FIRE; FOOTBALL; HEALTH HAZARD; HUMAN; LAW SUIT; LEGAL LIABILITY; PASSIVE SMOKING; PRIORITY JOURNAL; RAILWAY; REVIEW; TOBACCO; UNITED KINGDOM; UNITED STATES;

EID: 0030026014     PISSN: 00071420     EISSN: None     Source Type: Journal    
DOI: 10.1093/oxfordjournals.bmb.a011522     Document Type: Review

References (42)

1. Foreign Office, 8 March 1824; from the Chief Clerk: 'I have been directed by Lord Palmerston to desire that a peremptory stop may from this time forward be put to all smoking in the office during office hours. Be so good as to convey this Order to the Heads of Departments and to desire that they will stop the practise of smoking in their several Departments; and that they will export any person who shall hereafterward contravene Lord Palmerston's order'
2. Execution of Sentences of Death (Army) Regulations 1956 SI 1956 No.1970, Regulation 8 (h), Execution of Sentences of Death (Airforce) Regulations 1956 SI 1956 No. 2054, Regulation 8 (h), Execution of Sentences of Death (Navy) Regulations 1956 SI 1956 No. 62
3. Execution of Sentences of Death (Army) Regulations 1956 SI 1956 No.1970, Regulation 8 (h), Execution of Sentences of Death (Airforce) Regulations 1956 SI 1956 No. 2054, Regulation 8 (h), Execution of Sentences of Death (Navy) Regulations 1956 SI 1956 No. 62
4. Execution of Sentences of Death (Army) Regulations 1956 SI 1956 No.1970, Regulation 8 (h), Execution of Sentences of Death (Airforce) Regulations 1956 SI 1956 No. 2054, Regulation 8 (h), Execution of Sentences of Death (Navy) Regulations 1956 SI 1956 No. 62
5. The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990 SI 1990 No. 1020, Regulation 6 (d)
6. Mr George Foulkes, Labour MP for Cumnock and Doon Valley, sponsored a Private Member's Bill seeking to control smoking at work in the Health and Safety at Work (Tobacco Smoking) Bill, on 2 March 1992
7. Fourth Report of the Independent Scientific Committee-Smoking and Health (Chairman, Sir Peter Froggatt). London: HMSO, 1988
8. Tobacco Products Labelling (Safety) Regulations 1991 SI 1991 No. 1530, Regulation 5(2)(d)
9. R vs Secretary of State for Health ex parte Gallaher Ltd and others. ECJ, The Times 28 June 1993
10. EC Mixed Resolution on Banning Smoking in Places open to the Public (89/C/189/01)
11. Winfield and Jolowicz on Tort, 12th edn. p 69
12. Cummings vs Sir William Arrol. Weekly Law Report 1962; 1: 295
13. The 'neighbour' principle as expounded by Lord Atkin in Donoghue vs Stevenson. Appeal Cases 1932 562; Peabody Fund Governors vs Sir Lindsay Parkinson. Appeal Cases 1985; 240: 'in determining whether or not a duty of care of particular scope was incumbent upon a defendant it is material to take into consideration whether it is just and reasonable that it should be so'
14. The 'neighbour' principle as expounded by Lord Atkin in Donoghue vs Stevenson. Appeal Cases 1932 562; Peabody Fund Governors vs Sir Lindsay Parkinson. Appeal Cases 1985; 240: 'in determining whether or not a duty of care of particular scope was incumbent upon a defendant it is material to take into consideration whether it is just and reasonable that it should be so'
15. The Wagon Mound. Appeal Cases 1967; 2: 617
16. Thompson vs Smiths Shiprepairers. Queens Bench 1984; 405: Wilsher vs Essex Area Health Authority. Weekly Law Report 1987; 2: 425
17. Thompson vs Smiths Shiprepairers. Queens Bench 1984; 405: Wilsher vs Essex Area Health Authority. Weekly Law Report 1987; 2: 425
18. The Times 25 June 1992
19. Hotson vs East Berkshire Health Authority. Weekly Law Report 1987; 3: 232
20. McGhee vs National Coal Board. Weekly Law Report 1973; 1: 1
21. Thompson's case (see above)
22. Budden vs BP and Shell. Solicitors Law J 1980; 124: 376
23. Control of Pollution Act 1974
24. Rookes vs Barnard. Appeal Case 1964; 1029
25. The Times 30 June 1992
26. Financial Times 18 February 1995
27. Financial Times 8 November 1993
28. Guardian 14 December 1994
29. Sean Carroll vs Melbourne Transit Authority. Public statement made by Mr Bernard Murphy, Solicitor of Slater & Gordon, 11 August 1988
30. Veronica Bland vs Stockport Metropolitan Borough Council. Settled January 1993
31. The Times 4 August 1994
32. Sydney Morning Herald 28 May 1992
33. Terry Hurlstone. The Times 11 April 1994
34. Sales of Goods Act 1979; s.14(2); s.14(6). Sale of Goods (Implied Terms) Act 1973, s.7(2)
35. Sales of Goods Act 1979; s.14(2); s.14(6). Sale of Goods (Implied Terms) Act 1973, s.7(2)
36. Examples of such Regulations are: Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972; Ionising Radiation Regulations 1985 and Gas Safety (Installation and Use) Regulations 1994
37. The Health and Safety at Work Act 1974, s.2(1)
38. Workplace, Health, Safety and Welfare Regulations 1992, Regulation 25 (3)
39. Management of Health and Safety at Work Regulations 1992, Regulation 3
40. Paul Hooper, Environmental Health Officer working for Birmingham City Council, reported in the Independent 23 March 1988
41. Dryden vs Greater Glasgow Health Board. Industrial Relations Law Reports 1992; 469
42. Aurejarvi E. The Battle in Finland Against the Tobacco Industry. Paris: 9th World Conference 1994