Three judges have allowed the family of a man who died from mesothelioma to take his former employer to court over claims the firm caused him to contract the illness.
The relatives of Kenneth Ferguson claim he contracted mesothelioma as a consequence of working for J &A Lawson (Joiners) Ltd of Aberdeen, which ceased trading in 1973.
Their legal team claim Mr Ferguson was exposed to asbestos during his time working for the firm as an apprentice joiner between January 1968 and January 1973.
Mr Ferguson was 72 when he passed away in August 2006 and his legal team have gone to the Court of Session in Edinburgh in a bid to seek compensation for his surviving relatives.
At a previous hearing, judge Lord Uist gave the go ahead for the lawyers representing the Fergusons to seek damages from the company.
Solicitors acting for Lawson’s appealed the decision, saying that Lord Uist had made a number of legal errors with his decision.
However, civil appeal judges Lady Paton, Lady Smith and Lord Bonomy ruled that Lord Uist had not made any mistakes and that the matter could be heard in court.
In a written judgement issued at the Court of Session yesterday, Lady Paton wrote: “In the result, it is our opinion that it would be equitable to allow this action to proceed.”