Dear Colleagues,

The UK Supreme Court has today dismissed the challenge to the Scots legislation on the actionability of pleural plaques, in AXA General Insurance Ltd & Ors v Lord Advocate & Ors (Scotland) [2011] UKSC 46 http://www.supremecourt.gov.uk/docs/UKSC_2011_0108_Judgment.pdf. The legislation was challenged on human rights grounds (because under the Scotland Act, legislation which is incompatible with Convention rights is outwith the Scottish Parliament's legislative competence) and on public law grounds (relating to the nature of legislation from the Scottish Parliament and whether it is amenable to judicial review). Neither succeeded. The judgments also contain some broader reflections on the interplay between the courts and the various legislatures of the jurisdictions in the United Kingdom. The decision also means that the provisions of the similar Northern Irish legislation can be brought into force, so pleural plaques will be actionable in Scotland and Northern Ireland, but not in England and Wales.

The Supreme Court will later this term be hearing two further significant appeals for the law of tort, in AB v Ministry of Defence on limitation and then the Employers' Liability Insurance "Trigger" Litigation case http://www.supremecourt.gov.uk/docs/michaelmas_term_2011.pdf.

Best wishes,

James

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James Lee
Lecturer and Director of Careers
Academic Fellow of the Inner Temple
Birmingham Law School
University of Birmingham
Edgbaston
Birmingham
B15 2TT, United Kingdom

Tel: +44 (0)121 414 3629
E-mail: j.s.f.lee@bham.ac.uk<mailto:j.s.f.lee@bham.ac.uk>



Web: http://www.birmingham.ac.uk/staff/profiles/law/lee-james.aspx