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AXA General Insurance Ltd & Ors v Lord Advocate & Ors - Damages (Asbestos-related Conditions)(Scotland) Act 2009 is not unlawful

The Supreme Court has upheld previous rulings and dismissed insurance companies' challenge to the Damages (Asbestos-related Conditions) (Scotland) Act 2009. The Act does not fall within the extremely limited scope that exists for judicial review of an Act of the Scottish Parliament and, albeit it amounts to an interference with private possessions (the insurance companies' money), it does not breach the ECHR since it is a proportionate means of pursuing a legitimate aim in the public interest

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