EVIDENCE in a #500,000 damages case against a tobacco company will be

heard next week in the front room of a house in Beith, Ayrshire.

The move has been prompted because of the worsening health of Mr

Alfred McTear, who raised the legal action last month.

The 48-year-old man, who has terminal lung cancer and cannot leave his

home, is suing Imperial Tobacco for failing to warn him of the dangers

of smoking when he began in the 1960s. Warnings were not featured on

cigarette packets until 1971.

With his condition deteriorating, it was agreed that a special

commission take place in his house in Cherrywood Drive to allow evidence

to be given, as the case is unlikely to reach the Court of Session in

Edinburgh for two years.

His solicitor, Mr Cameron Fyfe, of Ross Harper & Murphy, said

yesterday: ''Mr McTear's health is deteriorating rapidly, and it is

vital for the progress of his case that his evidence is recorded.

''The court recognises that Mr McTear will not survive to see his case

to its completion, as this process could take several years.''

Mr Fyfe explained that the commission will act to all intents and

purposes like a court. ''I have never come across a situation like this

where a commission is held in the front room of a house.

''Normally such commissions take place in a room at the Court of

Session or even in an hotel but Mr McTear is simply too unwell to leave

his home,'' the lawyer continued.

If successful, the case will make British legal history and could pave

the way for thousands of similar cases.