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28 April 2017
Issue: 7743 / Categories: Case law , Law digest , In Court
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Human rights

McCann v State Hospitals Board for Scotland [2017] UKSC 31, [2017] All ER (D) 48 (Apr)

The Supreme Court allowed in part the appellant’s appeal against the respondent State Hospitals Board for Scotland’s decision to implement a comprehensive smoking ban at a state hospital. The prohibition on having tobacco products and the search and confiscation regime in the decision were unlawful under domestic law because they did not comply with the Mental Health (Care and Treatment) (Scotland) Act 2003 and the Mental Health (Safety and Security) (Scotland) Regulations 2005 (SSI 2005/464). Consequently, the impugned decision infringed the appellant’s rights under Art 8 of the European Convention on Human Rights.

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MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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