Arnot Manderson member Kenneth Campbell QC represented the successful appellants in a reclaiming motion by the State Hospital Board against Lord Stewart’s decision declaring unlawful a complete prohibition on smoking at the State Hospital, Carstairs.

The Second Division of the Inner House unanimously found that the State Hospital Board’s general powers of hospital management empowered it to decide to implement a complete prohibition of smoking when a partial prohibition was found to be unworkable. The Court also found that the Board’s decision was not, as Lord Stewart had held, contrary to government policy. Dealing with a challenge to the Board’s decision as an unlawful interference in the personal life of patients protected by Article 8 ECHR, the Court held by a majority that prohibiting smoking in the inherently restrictive environment of the State Hospital did not engage Art 8 at all; and the Court also held unanimously that if Art 8 was engaged, the prohibition of smoking was proportionate having regard to the legitimate aim of promoting health amongst patients and safeguarding the health of staff.

The full text of the Court’s Opinion may be found here.