David Bavaird died of the asbestos-related lung disease, mesothelioma, in 2008. Mr Bavaird was exposed to asbestos during his employment with the East Kilbride Development Corporation in the 1960s. In 1996 South Lanarkshire Council assumed the liabilities of the East Kilbride Development Corporation. The council contended that it was not liable as Mr Bavaird was not ill in 1996 when the transferred happened. This argument was rejected at the Court of Session. Lawyers with Thompson’s lung disease team said defeat would have meant similar asbestos claims would fail.
Following the decision, Laura Blane, from Thompsons Solicitors, who represented Mr Bavaird's family, said: "Had the Court of Session not made this judgement then Mr Bavaird's family, together with many hundreds of other asbestos victims would have been staring into a black hole as far as compensation is concerned.
Mr Bavaird's son Derek said: "This is a landmark decision 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."This victory is justice for my dad and in many ways justice for the other men who died before they could bring their cases."
BBC News Article
South Lanarkshire Council asbestos ruling 'ends uncertainty' - 20th November 2013