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Human rights

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

mfg Solicitors—Brian Hession

mfg Solicitors—Brian Hession

Birmingham commercial property team bolstered by partner hire

STEP—Sara Morgan

STEP—Sara Morgan

Fieldfisher director re-elected as deputy chair of England Wales committee

Osborne Clarke—Andrew Eaton

Osborne Clarke—Andrew Eaton

Restructuring and insolvency expert joins as partner

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