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Published online by Cambridge University Press: 01 March 2000
In the course of rejecting a domestic challenge to the Ministry of Defence's policy of discharging all personnel found to be of homosexual orientation, members of the Divisional Court and the Court of Appeal hinted strongly that the rule was likely to be condemned in Strasbourg (R. v. Ministry of Defence, ex p. Smith [1996] Q.B. 517, noted at (1996) 55 C.L.J. 179). This prediction was proved correct when the same applicants took their cases to the European Court of Human Rights (E.C.H.R.) in Lustig-Prean and Beckett v. U.K. (Applications 31417/96 and 32377/96) and Smith and Grady v. U.K. (Applications 33985/96 and 33986/96), 27 September 1999, The Times, 11 October 1999.