John Reid against MCM Building & Civil Engineering Construction LTD and another (Court of Session) [2026] CSOH 34 (01 April 2026)

John Reid against MCM Building & Civil Engineering Construction LTD and another (Court of Session) [2026] CSOH 34 (01 April 2026)

The pursuer was a credible and reliable witness. He was negligently exposed to asbestos during his employment with both defenders, materially increasing his risk of mesothelioma. Both defenders are jointly and severally liable. Apportionment is to be determined according to cumulative lifetime exposure, not merely periods of exposure, due to differing concentrations and types of asbestos encountered.

Citation
[2026] CSOH 34
Parties
Pursuer: John Reid; First Defender: MCM Building & Civil Engineering Construction Limited; Second Defender: Pyramid Joinery & Construction Limited
Jurisdiction
Scotland
Judgment Date
01 April 2026
Procedural Posture
Personal Injury (mesothelioma/asbestos Exposure) / Proof Before Answer (liability Only)
Outcome
Liability established against both defenders; both jointly and severally liable for the pursuer's loss.
Legal Topics
Asbestos Exposure, Employer's Liability, Mesothelioma, Negligence, Apportionment of Liability
Tort Personal Injury Employment Law Asbestos Exposure Employer's Liability Mesothelioma Negligence Apportionment of Liability

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Parties

John Reid

Pursuer

MCM Building & Civil Engineering Construction Limited

First Defender

Pyramid Joinery & Construction Limited

Second Defender

Procedural Posture

Personal Injury (mesothelioma/asbestos Exposure) / Proof Before Answer (liability Only)

Legal Issues

  1. 1 Whether the pursuer was exposed to asbestos during employment with either or both defenders
  2. 2 Whether such exposure was negligent and materially increased the risk of mesothelioma
  3. 3 How liability should be apportioned between the defenders

Ratio Decidendi

The pursuer was a credible and reliable witness. He was negligently exposed to asbestos during his employment with both defenders, materially increasing his risk of mesothelioma. Both defenders are jointly and severally liable. Apportionment is to be determined according to cumulative lifetime exposure, not merely periods of exposure, due to differing concentrations and types of asbestos encountered.

Court Disposition

Liability established against both defenders; both jointly and severally liable for the pursuer's loss.

Orders

  • Decree for the pursuer against both defenders, jointly and severally, for damages to be assessed.
  • Apportionment of liability between defenders to be determined on the basis of cumulative lifetime exposure to asbestos.