Public Law

The Supreme Court recently issued its decision in Imperial Tobacco’s challenge to the Scottish Parliament’s ban on the display of tobacco products in shops and their sale via tobacco vending machines.

Imperial challenged the ban on the basis that it was outside the legislative competence of the Scottish Parliament because it related to matters reserved to the UK Parliament by the Scotland Act 1998. Unfortunately for Imperial, the Supreme Court decided otherwise. Our Brodies colleagues Robin Macpherson and Monica Ross summarised and commented on the decision on the Supreme Court’s blog.

This was the first challenge on the grounds that an ASP related to one of the reserved matters set out in schedule 5 of the Scotland Act, and so will be a very important judgment for anyone assessing what the limits of the Scottish Parliament’s powers are. If you are considering challenging an Act of the Scottish Parliament, or have an interest in the issues arising in this case, please feel free to comment below or to get in touch with us.