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11 October 2011
Last updated at 23:08 ET
The UK Supreme Court is due to deliver its ruling on the right of Scots to claim compensation for an asbestos-related condition.
A Scottish Parliament law allows compensation claims to be made for the condition known as pleural plaques.
But the House of Lords ruled against such a move for the rest of the UK.
Earlier this year insurance companies lost a legal bid to overturn the Scottish act at the Court of Session but appealed to the UK Supreme Court.
Pleural plaques are not themselves a disease and have no symptoms.
But the thickening of lung membranes are an indicator of past exposure to asbestos.
Because of this, the House of Lords ruled five years ago that victims could not claim compensation.
However, the Scottish government disagreed and passed the Damages (Asbestos-related Conditions)(Scotland) Act in 2009.
Legal interference It allows claims to be made with the likely cost estimated at between £7m and £9m.
Insurance firms have vigorously attacked the legislation, alleging it infringes against human rights laws.
The industry argued that it breaks European Convention on Human Rights provisions on property rights and constitutes unreasonable legal interference.
The UK Supreme Court is expected to deliver its judgement later.
If it rules against the Scottish legislation, it would be the latest in a series of decisions which ministers have seen as undermining the autonomy of Scots law.
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A Scottish Parliament law allows compensation claims to be made for the condition known as pleural plaques.
But the House of Lords ruled against such a move for the rest of the UK.
Earlier this year insurance companies lost a legal bid to overturn the Scottish act at the Court of Session but appealed to the UK Supreme Court.
Pleural plaques are not themselves a disease and have no symptoms.
But the thickening of lung membranes are an indicator of past exposure to asbestos.
Because of this, the House of Lords ruled five years ago that victims could not claim compensation.
However, the Scottish government disagreed and passed the Damages (Asbestos-related Conditions)(Scotland) Act in 2009.
Legal interference It allows claims to be made with the likely cost estimated at between £7m and £9m.
Insurance firms have vigorously attacked the legislation, alleging it infringes against human rights laws.
The industry argued that it breaks European Convention on Human Rights provisions on property rights and constitutes unreasonable legal interference.
The UK Supreme Court is expected to deliver its judgement later.
If it rules against the Scottish legislation, it would be the latest in a series of decisions which ministers have seen as undermining the autonomy of Scots law.
Powered By WizardRSS.com | Full Text RSS Feed | Amazon Plugin | Settlement Statement