A COUNCIL has been held liable for the death of a man it never employed in a landmark ruling which lawyers say removes a legal loophole around asbestos claims.
David Bavaird, from East Kilbride, South Lanarkshire, died of the lung disease mesothelioma in 2008 after being exposed to asbestos while working for East Kilbride Development Corporation in the 1960s. He died 12 years after South Lanarkshire Council assumed the liabilities of his ex-employer.
But though the authority argued it was not liable as Mr Bavaird had not developed mesotheliomawhen it took over the East Kilbride Corporation, its case was rejected at the Court of Session.
A previous ruling at the Outer House of the Court of Session in October last year upheld the council's case that it was not liable. This ruling has now been overturned by the Inner House judges, Lady Paton sitting with Lord Drummond Young and Lord Marnoch.
Mr Bavaird's son Derek said: "This is a landmark decision and one in the eye for the council. It's a disgrace how they tried to slip out of their responsibilities.
"Just because my dad didn't have mesothelioma in 1996 doesn't mean asbestos wasn't already in his body causing harm. This victory is justice for my dad and in many ways justice for the other men who died before they could bring their cases."
Following the ruling, Laura Blane, from Thompsons Solicitors, who represented Mr Bavaird's family, said: "Had the Court of Session not allowed this appeal, then Mr Bavaird's family, with hundreds of other asbestos victims, would have been staring into a black hole as far as compensation is concerned."
Paul Manning, executive director of finance and corporate resources at South Lanarkshire Council, said: "The tragic death of a father and husband was at the centre of this court case, and our sympathies are with David Bavaird's family.
"This was a highly complex case, as was reflected by Lord Brailsford's earlier ruling that the council could not be held liable.
"Mr Bavaird worked for a number of employers, including East Kilbride Development Corporation 33 years before he was diagnosed with mesothelioma and 22 years before South Lanarkshire Council even came into existence.
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