Insurers bid to overturn asbestos ruling

Lung condition: Decision could overturn ruling in favour of victims© STV

Supreme Court judges are to announce their decision in the latest bid by insurers to overturn a law in Scotland that gives victims of an asbestos-related condition the right to claim damages.

At the centre of the challenge by some of the biggest names in the industry is legislation passed by the Scottish Parliament in 2009.

The Damages Act gave people with pleural plaques, a symptomless thickening of lung membranes, the right to pursue compensation.

Today, Supreme Court justices in London give their ruling on an appeal by the insurers against a decision of three Court of Session judges in April.

Insurers argued that the law breaches European Convention on Human Rights provisions on property rights and constitutes unreasonable legal interference.

But the Court of Session judges in Scotland rejected the claim that the legislation was unlawful. They agreed that insurers' rights were interfered with but that the interference was justified overall.

After April's ruling victims and supporters welcomed the decision to reject the challenge as a "great day" for democracy.

But the industry, including insurers AXA, insisted the Act was "fundamentally flawed".