Date set for tobacco cases motions

Ward and Fitzpatrick Solicitors in Dublin moved 20 motions against the tobacco industry in the High Court yesterday

Ward and Fitzpatrick Solicitors in Dublin moved 20 motions against the tobacco industry in the High Court yesterday

. The motions involve 20 individual cases for damages against the Irish tobacco industry - related to alleged injuries incurred due to smoking. The motions were strongly resisted by the tobacco companies. The court, however, decided to set aside a special date to hear the motions - March 1st next.

The main basis for the motion was to seek a judgment on the claim that the tobacco industry has failed to deliver a defence within a reasonable period of time. A statement of claim for the injured persons was lodged in November, 2002 - and no defence has been delivered over the past 14 months. After yesterday's hearing, Mr Hugh Ward, of Ward and Fitzpatrick Solicitors, said: "Since delivering our statements of claim on these cases to the defendants we have answered 8,000 questions on behalf of our claimants from tobacco industry lawyers. This is most distressful for our clients - many of whom are seriously ill."

The tobacco industry was represented by two senior counsel, Mr Kevin Feeney and Mr Paul Gallager. The plaintiffs were represented by a junior counsel, Mr Ciaran Lewis.

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If the tobacco companies are ordered to defend the motions it will be the first time any plaintiffs will have seen details of the tobacco industry's defence to such actions in Ireland or in Europe.