Axa and other insurers failed once again in their challenge to the Damages (Asbestos-related Conditions) (Scotland) Act 2009 which makes pleural plaques an actionable injury in Scotland, reversing the effect of the House of Lords’ decision in Rothwell v Chemical and Insulating Co Ltd. The Supreme Court held that the Act struck a reasonable balance between the rights of insurers under the European Convention of Human Rights and the general interest in ensuring that persons suffering from pleural plaques and related conditions should continue to receive compensation (Axa General Insurance Ltd v Lord Advocate).