Sinclair Collis Ltd, Re Application for Judicial Review [2011] ScotCS CSOH_80 (13 May 2011)

Sinclair Collis Ltd, Re Application for Judicial Review [2011] ScotCS CSOH_80 (13 May 2011)

Section 9 of the Tobacco and Primary Health Services (Scotland) Act 2010 is justified and proportionate under Article 36 TFEU and does not infringe Article 1 of the First Protocol ECHR; the Scottish Parliament acted within its margin of discretion and had sufficient objective justification for the ban.

Citation
[2011] ScotCS CSOH_80
Parties
Petitioner: Sinclair Collis Limited; First Respondent: Lord Advocate (Scottish Ministers)
Jurisdiction
Scotland
Judgment Date
13 May 2011
Procedural Posture
Judicial Review / First Hearing
Outcome
Petition refused
Legal Topics
Legislative Competence, Free Movement of Goods, Proportionality, Margin of Appreciation, Control of Use of Property
Constitutional Law Administrative Law European Union Law Human Rights Law Legislative Competence Free Movement of Goods Proportionality Margin of Appreciation +1 more

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Parties

Sinclair Collis Limited

Petitioner

Lord Advocate (Scottish Ministers)

First Respondent

Procedural Posture

Judicial Review / First Hearing

Legal Issues

  1. 1 Whether section 9 of the Tobacco and Primary Health Services (Scotland) Act 2010 is outside the legislative competence of the Scottish Parliament due to incompatibility with Convention rights and Community law
  2. 2 Whether section 9 constitutes a disproportionate restriction under Article 34 and 36 TFEU
  3. 3 Whether section 9 infringes Article 1 of the First Protocol (A1P1) ECHR

Ratio Decidendi

Section 9 of the Tobacco and Primary Health Services (Scotland) Act 2010 is justified and proportionate under Article 36 TFEU and does not infringe Article 1 of the First Protocol ECHR; the Scottish Parliament acted within its margin of discretion and had sufficient objective justification for the ban.

Court Disposition

Petition refused

Orders

  • Section 9 of the Tobacco and Primary Health Services (Scotland) Act 2010 upheld as valid and within legislative competence
  • No declarator or reduction granted