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Cloisters’ barristers in Supreme Court appeal succeed in overturning smoking ban in psychiatric hospital

Cloisters’ barristers in Supreme Court appeal succeed in overturning smoking ban in psychiatric hospital

The Supreme Court handed down judgment today in the case of McCann v The State Hospitals Board for Scotland [2017] UKSC 31. Cloisters’ Jonathan Mitchell QC together with David Leighton and Rachel Barrett (also of Cloisters) acted for the successful appellant, a patient in the Scottish high security State Hospital. Mr McCann objected to the introduction on a total ban on smoking in the hospital and grounds, on the basis that it was contrary to the provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003 and a breach of his Article 8 right to private life. The case is an important development establishing the scope of Article 8 rights for people already lawfully deprived of their liberty. See the Supreme Court judgment summary here.

Professional Disciplinary Case Digest – March 2017
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