A couple and their son facing trial over the deaths of 14 residents in a care home fire yesterday had the charges against them dropped because of the way the allegations were worded.

The High Court in Glasgow was told that Thomas Balmer, his wife Anne and their son Alan could not be held criminally liable on the 12 charges because they had dissolved the firm which owned Rosepark Nursing Home in Uddingston and set up a limited company - 13 months after the fire, but before the indictment was served.

The outcome provoked concern last night from the local MSP and a relative of one victim.

However, Lord Hardie said Mr and Mrs Balmer, both 59, and their son, who is 33, could be charged again in connection with the 14 deaths and also granted the Crown Office the right to appeal against his decision. He said it was possible that charges of fraud, or attempted fraud, as well as perverting, or attempting to pervert, the course of justice, could be brought.

All three were due to stand trial over alleged safety breaches at Rosepark in January 2004. However, Lord Hardie dismissed the charges because of the wording of the indictment.

Prosecutors framed the charges in such a way they could only have been committed by employers, but as the Balmers dissolved the partnership which owned Rosepark eight months before the indictment was served, they were not legally employers and therefore not criminally liable.

Lord Hardie said: "I have reached the conclusion that the indictment as framed against the first three accused is irrelevant because the Crown acknowledges the individuals were not party to the contracts of employment of the employees at Rosepark and were therefore not employers. Accordingly, I shall dismiss the charges against each of the first three accused as irrelevant."

Fourteen Rosepark residents died and four others were injured when the care home went up in flames on January 31, 2004. The Balmers and their son were in a partnership which was considered an employer in terms of the Health and Safety at Work Act.

As partners of the firm running the home, the Balmers were accused of a total of 12 charges, including breaches of the Health and Safety at Work Act 1974, the Health and Safety at Work Regulations 1999, and of the Electricity at Work Regulations 1989.

However, 13 months after the fire the partnership was dissolved, and the next day the business was transferred to a limited company, of which Mr and Mrs Balmer and their son were directors. Eight months later, in November 2005, the partnership was indicted.

During a two-day hearing, lawyers for the three accused challenged the relevance of charges on the basis that each one referred to them as "being partners in the firm of Rose-park Nursing Homeand being employers in terms of the Health and Safety at Work Act 1974".

Lord Hardie said: "The dissolution of the firm is fatal to any charge against it but it does not necessarily end the prospect of proceedings.

"Moreover, if prosecution has been rendered impossible by the actions of others in the course of a criminal investigation, such actions may give rise to a charge of perverting or attempting to pervert the course of justice. I wish to emphasise . . . this decision does not signal an end of proceedings against the accused."

A spokesman for Levy & McRae, which represents the Balmers, said: "We are happy with today's events but we must await the full written determination before reaching a final position."

The Crown Office said: "Crown counsel are giving full and careful consideration to the opinion issued by Lord Hardie. The Crown fully intends to pursue this matter."

Hamilton North and Bellshill Labour MSP Michael McMahon, whose constituency the home is in, met Justice Minister Cathy Jamieson last night to express his concerns.

He said: "This is not serving the public, this is not serving the interests of people who have got to put their trust in other people. We need to know if someone is responsible, so lessons can be learned."