The Supreme Court decision in AXA General Insurance Ltd v Lord Advocate 1 is the latest episode in the continuing drama concerning the legal consequences of asbestos exposure. In AXA, the court considered a challenge brought by insurance companies against the validity of the Damages (Asbestos-Related Conditions) (Scotland) Act 2009 (the “2009 Act”). Under this Act, pleural plaques now amount to actionable damage under Scots law. The court unanimously held that the 2009 Act was within the legislative competence of the Scottish Parliament and could not be otherwise challenged on common law grounds. This comment will focus upon the human rights arguments, and not address the other public law challenge in the case, which related to the common law reviewability of Acts