Sinclair Collis Ltd, R (on the application of) v Secretary of State for Health & Ors

Sinclair Collis Ltd, R (on the application of) v Secretary of State for Health & Ors

The majority held that the ban on tobacco vending machines was lawful and proportionate, given the broad margin of appreciation afforded to the government in public health matters, the lack of evidence that a voluntary code would be equally effective, and the legitimate aim of protecting health, especially of children. The Secretary of State's decision was not manifestly inappropriate or disproportionate under EU law or A1P1 ECHR.

Parties
Claimant/1st Appellant: Sinclair Collis Limited; Defendant/respondent: Secretary of State for Health; Interested Party/2nd Appellant: National Association of Cigarette Machine Operators
Jurisdiction
England and Wales
Judgment Date
17 June 2011
Procedural Posture
Judicial Review / Court of Appeal Judgment
Outcome
Appeal dismissed (majority); ban upheld as lawful and proportionate.
Legal Topics
Proportionality, Regulation of Tobacco, Margin of Appreciation, Free Movement of Goods, Property Rights, Judicial Review
Public Health Law Administrative Law European Union Law Human Rights Law Proportionality Regulation of Tobacco Margin of Appreciation Free Movement of Goods +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 23 Party arguments 2 Amounts and remedies 15
Sign in to unlock

Parties

Sinclair Collis Limited

Claimant/1st Appellant

Secretary of State for Health

Defendant/respondent

National Association of Cigarette Machine Operators

Interested Party/2nd Appellant

Procedural Posture

Judicial Review / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the ban on tobacco vending machines violates the principle of proportionality under EU law and A1P1 ECHR
  2. 2 Whether less restrictive alternatives (ARM/voluntary code) were properly considered
  3. 3 Whether the Secretary of State's decision was objectively justified and proportionate

Ratio Decidendi

The majority held that the ban on tobacco vending machines was lawful and proportionate, given the broad margin of appreciation afforded to the government in public health matters, the lack of evidence that a voluntary code would be equally effective, and the legitimate aim of protecting health, especially of children. The Secretary of State's decision was not manifestly inappropriate or disproportionate under EU law or A1P1 ECHR.

Court Disposition

Appeal dismissed (majority); ban upheld as lawful and proportionate.

Orders

  • The appeals are dismissed; the Protection from Tobacco (Sales from Vending Machines) Regulations 2010 remain in force.
  • No order for reconsideration by the Secretary of State.