Tuesday, April 28th, 2026
John Reid v MCM Building & Civil Engineering Construction Ltd and Pyramid Joinery & Construction Ltd – [2026] CSOH 34
Lord Harrower has issued his opinion in Reid v MCM building & Civil Engineering Construction Ltd & Pyramid Joinery & Construction Ltd. This case concerns liability for asbestos exposure resulting in sarcomatoid pleural mesothelioma.
The pursuer, a former labourer, alleged that he was exposed to asbestos in the course of his employment with the first defender between 1999 and 2000 and with the second defender between 2000 and 2003. The pursuer alleged that these exposures had caused or materially contributed to his illness. The case proceeded to proof restricted to the issue of liability.
During proof, the court accepted the pursuer's account of working conditions and found that he had been negligently exposed to asbestos during his course of employment with both defenders. Expert evidence supported the conclusion that such exposure would have materially increased the risk of developing mesothelioma.
Applying section 3 of the Compensation Act 2006 and the principles in Fairchild v Glenhaven Funeral Services Ltd it was found that the defenders were jointly and severally liable for the pursuer's loss.
When considering apportionment, the court assessed the relative extent and intensity of exposure, concluding that the second defender bore the greater share of responsibility. The contribution was 0.092% to the first defender and 99.908% to the second defender.
Calum Wilson KC appeared for the Pursuer, David McNaughtan KC and Gregor Rolfe appeared for the First Defender. A copy of the judgment can be found here.
