Imperial to face legal challenge
A legal challenge will be brought against Imperial Tobacco, maker of Embassy and Lambert & Butler brands, in Edinburgh’s Court of Session tomorrow, over the alleged link between lung cancer and smoking.
The claim for £500,000 of compensation has been brought by Margaret McTear, widow of Alfred McTear, who died from lung cancer.
Should the judge take the side of the McTear family, the verdict could set a dangerous precedent for UK cigarette firms and an explosion of litigation claims.
Lawyers Ross Harper will argue that Imperial failed to clearly warn Mr McTear of either the risks of smoking or the addictive properties of nicotine.
Mr McTear started smoking at the age of 20, seven years before cigarette packs carried health warnings.
The 60-a-day smoker was diagnosed with cancer in 1992 and died at 49, three months after filing his claim against Imperial in 1993.
According to legal analysts, the verdict is unlikely go in the family’s favour.
Imperial will make the case that Mr McTear willingly chose to smoke even after the warnings were issued. Smokers can quit, it will say.
Alex Parsons, an Imperial spokesman, said the firm believed the case was “speculative” and its legal defence was “robust.”
The case is due to last 20 weeks.
