Former snooker star Alex Higgins is among about 50 cigarette smokers whose actions for damages brought against a number of cigarette companies have been dismissed for want of prosecution by the Master of the High Court.
In the cases dismissed by the Master to date, the cigarette companies involved have asked for orders striking out the cases because of a failure by the smokers to provide statements of their claims.
Mr Edmund Honahan SC, who struck nine claims yesterday, said he was concerned because orders for costs had been made against the persons whose cases had been struck out. Such costs could have been avoided had the persons bringing the actions told their solicitors they were no longer pursuing their claims.
He said his real concern was that of the 50 people whose cases had been dismissed, a number of them had sued several cigarette companies and some persons could be facing a bill of costs for each company they had sued and that could be up to five sets of costs in some cases.
It is understood that 30 more cases have been listed before Mr Honahan on January 30th.
Meanwhile, cigarette company sources indicated that separately from the proceedings before the Master that about 100 other claims had been discontinued. However, there were still an estimated 100 cases outstanding against, the hearing of which is unlikely to take place for a considerable time.
The actions against the cigarette companies allege negligence and breach of duty. The smokers claim their health has been damaged by tobacco smoking-related injuries.
The companies being sued are Benson and Hedges, Gallaher (Dublin) Ltd, John Player and Sons Ltd, P.J. Carroll and Co Ltd, Rothmans and WD and HO Wills and Players Wills.
In separate proceedings, a number of tobacco companies and other firms involved in the sale and distribution of smoking accessories and other goods are challenging new legislation which restricts the advertising and sale of tobacco products. They claim the Public Health (Tobacco) Act 2002 is unconstitutional, in breach of the EC Treaty, EU laws and directives and will have drastic consequences for them.
The legislation was signed by the President last March but much of it has yet to come into force. That case is also unlikely to be heard until later next year.