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.
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