BRITAIN: A widow yesterday lost her attempt to sue a tobacco giant following the death of her husband from lung cancer.
Alfred McTear was diagnosed in 1992 and started legal action against Imperial Tobacco in January 1993.
After his death in March that year at the age of 48, his wife pledged to continue the fight, claiming £500,000 in damages.
But Lord Nimmo Smith ruled that Margaret McTear and her legal team had failed in their bid to find the company liable for his death.
The firm, represented by Michael Jones QC, had always denied blame and insisted Mr McTear was aware of the health risks in maintaining his habit.
The 60-year-old widow, from Beith in Ayrshire, said she was disappointed by the judgment but admitted that she had not expected to win.
Speaking outside the Court of Session in Edinburgh, she said: "I'm a bit disappointed, but all the publicity over the years has highlighted the dangers of smoking, and that's a victory in itself. "I hadn't built up very high hopes so I'm not very disappointed. I half expected the decision."
Her solicitor, Cameron Fyfe, said he was disappointed for his client, who has put 13 years of her life into the case. He added that the case might have been won if Ms McTear had been granted legal aid.
The landmark case of Ms McTear versus Imperial Tobacco was the first of its kind in the UK to go the full distance in court. - (PA)