Charles McCann v. State Hospital Board of Scotland

The Hospital Board decided to prohibit smoking and the possession of tobacco on the ground of a government-run hospital.  The lower court ruled that the decision was unlawful in regards to the plaintiff, because it violated his right to private and family life, discriminated against him, and did not conform with the principles of the Mental Health Care Act. In this decision, the appeals court reversed the lower court judgment. The appeals court ruled that the hospital had the authority to prohibit smoking, and the decision did not violate the provisions of the European Convention on Human Rights. 


Charles McCann v. The State Hospitals Board for Scotland, [2014] CSIH 71, Second Division, Inner House, Court of Session (12 August 2014)

  • United Kingdom
  • Aug 12, 2014
  • Second Division, Inner House, Court of Session


Plaintiff Charles McCann

Defendant The State Hospitals Board for Scotland

Legislation Cited

Mental Health (Care and Treatment) (Scotland) Act 2003

Prohibition of Smoking in Certain Premises (Regulations) 2006

Smoking, Health and Social Care (Scotland) Act 2005

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product