Man dies before judge agrees work failures led to terminal cancer

Lord Harrower concluded that John Reid, 53, was exposed to asbestos, which caused him to contract mesothelioma whilst working as a labourer for two firms.

Mr Reid, of Lanarkshire, worked for MCM Building & Engineering and Pyramid Joinery between 1999 and 2003.

A judgement issued by Lord Harrower at the Court of Session on Wednesday tells of how he was exposed to asbestos dust or fibres during this time. 

He was later diagnosed with pleural mesothelioma in the summer of 2024 - the illness has been directly linked to asbestos exposure.

Lawyers for Mr Reid believed the firms should have taken more care to protect their client’s well-being and launched proceedings at Scotland’s highest civil court in Edinburgh. 

Their lawyers told Lord Harrower at a hearing earlier this year that the evidence showed that the two firms didn’t do enough to protect their client’s health. 

However, Mr Reid died in March 2026 - weeks before Lord Harrower’s judgment was published on Wednesday. Lord Harrower agreed with the submission made by Mr Reid’s lawyers and held the two firms liable for not doing enough to protect Mr Reid’s health. 

He held MCM Building & Engineering to be 0.092% liable for the injury caused to Mr Reid, whilst Pyramid were 99.908% liable.  

The percentages reflect the proportion of the cost that both companies will eventually pay in compensation to Mr Reid’s family.  

However, the amount of compensation owed to Mr Reid’s relatives has yet to be determined and will only be set after further legal procedure.

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In the judgement, Lord Harrower wrote: “I shall therefore pronounce decree of declarator (a) that the pursuer was negligently exposed to asbestos while in the employment of each of the defenders, materially increasing the risk of his contracting mesothelioma, (b) finding both defenders liable jointly and severally in respect of the whole of the damage caused to the pursuer by the mesothelioma which it is admitted he has contracted, and (c) determining the extent of their contributions as follows: 0.092% to the first defender and 99.908% to the second defender. 

“I shall reserve any question of expenses meantime.”

The Court of Session has heard many cases over the years involving workers who have contracted mesothelioma - many people who worked in Scotland’s shipbuilding industry fell ill with the condition after working with asbestos.

The judgement tells of how, during his time with MCM Building, Mr Reid worked on a week-long project in Glasgow in which he and his colleagues removed the corrugated asbestos roofing from a row of four concrete garages and replaced it with sheets of more modern material. 

The court heard how the asbestos sheets, which were approximately 10mm thick, were degraded and leaking. 

Lord Harrower wrote that in order to remove them, Mr Reid had to use a ratchet spanner on corroded bolts or break the sheets manually with a hammer. The sheets would also break when he pulled them off.

The court heard that the work was done predominantly from within the garage.

Lord Harrower wrote of how the broken asbestos material created a dusty atmosphere within the garages and that workers would have to go outside for fresh air. 

The court heard how Mr Reid’s employer provided no masks, protective clothing, or safety training regarding asbestos.

During his time with his second employer, Mr Reid was never warned of the dangers associated with asbestos. 

The second defender failed to provide any specialised protective clothing, hard hats, or respiratory equipment.

Lawyers for Mr Reid told the court that the evidence showed the defenders did not dispute the medical diagnosis of mesothelioma, nor did they dispute the periods in which the pursuer worked in their respective employments. 

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Lord Harrower was also told that the employers had the “requisite knowledge” regarding the dangers of asbestos at the time of employment. 

In conclusion, Lord Harrower said he accepted the evidence given to the court by Mr Reid. He said his account had been corroborated from other sources of evidence.

He wrote: “Ultimately, I have come to the conclusion that the pursuer was a credible and reliable witness in relation to the critical issues in the case. 

“I therefore find that the pursuer was negligently exposed to asbestos while in the employment of each of the defenders, materially increasing the risk of his contracting mesothelioma.”

Caitlyn McCabe (Image: Digby Brown)

Speaking after the publication of the judgement, Mr Reid’s solicitor, Caitlyn Maccabe, said: "This ruling is both welcome and profoundly upsetting because while the Court confirmed Mr Reid's mesothelioma was caused by failures from his employers, he has sadly passed away before seeing justice.

"Few can imagine what it is like fighting for justice while battling a terminal disease, but Mr Reid did this - he never stopped believing in doing the right thing for his family, and for the knowledge that his legal victory could help other asbestos sufferers in the future.

"The Reid family has shown a resolve that simply can't be described, and I extend my sincerest admiration and sympathies to them at this time.

"Due to the difficult circumstances surrounding today's judgement, the family has understandably asked that their privacy is respected as they take time to process everything that has happened in the last month.”

Proceedings to determine compensation for Mr Reid’s family are continuing.