Smokers back off claims following court rulings

More than 100 smokers have abandoned claims against tobacco companies for damages following an unsuccessful High Court case earlier…

More than 100 smokers have abandoned claims against tobacco companies for damages following an unsuccessful High Court case earlier this year.

Dublin solicitors Ward and Fitzpatrick, which at one stage were in discussion with hundreds of smokers seeking compensation from tobacco firms, said most claimants had decided to withdraw their claims.

It follows two High Court rulings earlier this year in which high-profile claims were dismissed.

Ward and Fitzpatrick had initiated legal actions on behalf of clients in more than 100 cases, although a smaller number - 37 - were before the courts.

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At one stage the legal firm, as well as leading US tobacco litigator Mr Steve Berman were seeking to enter into partnership with the State as part of a major action against the tobacco industry. The Government, however, refused the offer.

Prof Luke Clancy of anti-smoking group ASH yesterday said he was saddened to learn that the cases had been withdrawn, but he said they may have had a greater chance if they had been taken by the State.

"I always worry for an individual who takes an action against a major industry. They are using top solicitors and top barristers and money is no object. It's a very tough fight for individuals and it would be entirely appropriate for institutions such as the State to take these cases," he said.

However, a spokesman for John Player & Sons Ltd, one of several companies named in the actions, said the company was not surprised to learn the cases had been abandoned.

It emerged in the High Court yesterday that 11 actions for damages brought by smokers against tobacco companies were not proceeding, and there would be no appeal against the High Court's dismissal of three other actions.

Three of the plaintiffs had their actions dismissed by the High Court in July; when those cases came up for mention yesterday, counsel for those plaintiffs said the court's decision would not be appealed. The claims were consequently struck out.