The no-smoking rules imposed by many train companies withstood a legal challenge yesterday from a smoker who commutes between Brighton and London.
The Court of Appeal rejected Peter Boddington's bid to overturn a total smoking ban on the line. Mr Boddington, argued that British Rail had no right to impose the ban under the terms of its own by-laws and was appealing against a pounds 10 fine and pounds 100 costs imposed by a magistrate for smoking in the train. The two judges ruled that BR could impose the ban and ordered Mr Boddington to pay costs which could reach pounds 30,000. Lord Justice Auld said in his judgment, however, that there was "scope for legal debate" and the court will decide later whether the issue can go to the House of Lords. Christian Wolmar
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