RELATIVES of a man who died after being exposed to asbestos are to be awarded substantial damages after a ruling at the Court of Session in Edinburgh.
James Gallagher died aged 70 from the cancer mesothelioma, which his family have always claimed was linked to his career as an instrument mechanic for various companies.
Lord Uist has now ruled the family should receive substantial damages regarding the death of their loved one. The decision is in line with a ruling made in another recent case.
Mr Gallagher's family, from Stevenston, North Ayrshire, described the decision as an important step. And their lawyers, Irwin Mitchell, says they hope people in a similar position to Mr Gallagher will also benefit from the decision.
Elaine Russell of Irwin Mitchell said: "Mr Gallagher was a remarkable man and his family, like so many we act for in cases related to asbestos-related disease, were devastated by his unexpected illness and death.
"We are delighted with this judgment which represents justice for the family of the late Mr Gallagher. Furthermore, the detail of Lord Uist's judgment, including the reasons why the case of McGee [which was not asbestos-related] could be applied to this scenario, and the importance of leading evidence in relation to family relationships, further develops the law in relation to fatal cases in Scotland."
Mr Gallagher's widow, Margaret Ann, 70, said: "We're so very relieved that the legal battle in relation my husband's death has come to an end and want to now look to the future after a difficult four years."
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