THE family of a man who died after being exposed to asbestos have hailed a decision to close a legal loophole that would have allowed a local authority to escape punishment.
David Bavaird, from East Kilbride, died of the lung disease mesothelioma in 2008 after being exposed to asbestos while working for East Kilbride Development Corporation in the 1960s.
The legal liabilities for the Development Corporation were transferred to South Lanarkshire Council in 1996 but the authority argued that they were not liable as Mr Bavaird had not developed mesothelioma at that stage.
Mr Bavaird's family and their legal team at Thompsons Solicitors successfully fought the council's stance, which was yesterday defeated at the Court of Session in Edinburgh.
Speaking after the decision, Mr Bavaird's son Derek said: "This is a landmark judgment and one in the eye for the council. It's been a disgrace how they have tried to slip out of their responsibilities.
"Just because my dad didn't have mesothelioma in 1996 doesn't mean the asbestos wasn't already in his body causing harm.
"He was an extremely fit man who loved life but within three months of being diagnosed with mesothelioma he was on his death bed.
"My father suffered a terrible and painful death which devastated our family."
Paul Manning, executive director of finance at South Lanarkshire Council, said the council would consider the ruling.
He added: "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."
Laura Blane, of Thompsons Solicitors said: "The legal tactics of South Lanarkshire Council brought further distress to Mr Bavaird's family."
stef.lach@eveningtimes.co.uk
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