Judicial Review of the Damages (Asbestos-related Conditions) (Scotland) Act 2009 (the "2009 Act").

In April 2011, the Inner House of the Court of Session in Scotland had rejected certain insurers' challenge to the legality of legislation passed by the Scottish Parliament in 2009, designed to compensate persons exposed to – but as yet apparently undamaged by – their exposure to asbestos.

Insurers (together with a variety of increasingly unlikely allies seeking to become intervening parties, including, for example, Friends of the Earth) took their fight over the summer to the UK's Supreme Court, which on Wednesday 12 October rejected the insurers' appeals and allowed the cross-appeals of the claimants and potential claimants allegedly suffering from pleural plaques.

For a commentary on the judgment please click here.