THE families of two people killed by the Hepatitis C virus after they had blood transfusions have a won a legal challenge against a decision not to hold a full public inquiry.

THE families of two people killed by the Hepatitis C virus after they had blood transfusions have a won a legal challenge against a decision not to hold a full public inquiry.

Top Scots judge Lord Mackay of Drumadoon has quashed the decision by former Lord Advocate Colin Boyd after the families of two victims won a judicial review of the decision.

The legal official was slammed for making an "error in law" and ministers were also criticised for failing to order a proper investigation into the deaths, under European laws on the right to life.

Eileen O'Hara, 72, from Whiteinch in Glasgow, died in May 2003 after receiving a number of blood transfusions for an earlier illness.

That October, Rev David Charles Black, from Stirling, who received contaminated blood products when treated for haemophilia, also died and a post-mortem exam found his liver damaged by Hepatitis C.

They were among an estimated 4000 Scots infected by contaminated blood after 1980.

But calls from the families of both victims for a Fatal Accident Inquiry were rejected by the Lord Advocate and then Health Minister Andy Kerr.

Mrs O'Hara's daughter, Rosaleen, and Mr Black's wife, Jean, took a petition to the Court of Session.

And in his findings published today, Lord Mackay said: "I have held that the actions of the respondents to date have not been compatible with the obligations of the United Kingdom under Article 2."

Lawyer Frank Maguire, of Thompsons solicitors in Glasgow, said: "Lord Mackay has found the decision amounted was an error in law and a breach of the European Convention of Human Rights. There must now be a full public inquiry led by a senior judge."

Lord Mackay held off ordering an FAI after the Scottish Government promised some form of inquiry, although details of that are not yet known.