Adopted sibling hadn’t seen brother for more than 20 years
Practice, wi l l pursue the compensation action after she was refused the chance to participate in the FAI.
A hearing took place last month at Glasgow Sherif f Court which allowed anyone with an interest to apply to take part in the inquiry.
But Sheriff Craig Turnbull ruled that David’s fiancee, Dr Lucy Thomas, was better placed to represent him.
Evelyn, of Motherwell , said: “I feel as if I’m being discriminated against because I was adopted. I have as much right to grieve for and speak for my brother as anyone else. of the crash report by the procurator fiscal three years ago and has also had her own investigation commissioned.
An Air Accidents Investigation Branch report published in 2015 found two fuel supply switches were off and the pilot did not follow emergency procedures after a fuel warning and continued flying.
But an earlier draft version of the report also found that a leak of water into the fuel tank resulted in a false high or full fuel reading so David may have wrongly thought he had enough to fly.
Evelyn said she met David for the first time in 1985 when she traced her birth mother, Agnes Traill, to the family home in Stenhousemuir, Stirlingshire. She lived there for eight months with her chi ldren and maintained regular contact until 1991.
The FAI wi l l begin at Hampden Park in Glasgow in April and is expected to take six months.
Most of the compensation claims in the Clutha crash have been settled by Babcock, with payments ranging from £5000 to £ 600,000.
Babcock said: “Nothing can compensate for the loss of a loved one but the majority of claims have now been settled.”
Evelyn added: “I loved David and, in a normal world, we’d have had a normal relationship but it wasn’t to be.”