Final Score: Scottish Government 3 - Insurers 0
AXA General Insurance Limited and others (Appellants) v The Lord Advocate and others (Respondents) [2011] UKSC 46
A group of leading insurance companies have failed in their attempt to challenge the lawfulness of the Damages (Asbestos-Related Conditions) Scotland Act 2009 ("the 2009 Act"). In their highly significant judgment published today, the UK Supreme Court has voted unanimously to uphold the 2009 Act. The judgments provide important discussions about the Scottish Parliament's legislative competence, and its subjection to judicial review.
The 2009 Act allows the payment of damages to sufferers of pleural plaques, a scarring of the lungs caused by exposure to asbestos. Following a...
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