LUNG CANCER victims were last night preparing to sue two tobacco giants in a ground-breaking legal action to claim compensation for the effects of smoking. In a move which could open the floodgates for thousands of similar claims, lawyers have agreed to represent sufferers on a "no win, no fee" basis.
Under the system, 40 victims will be able to launch their action and will only pay legal fees if they win the case.
The litigants, who are of limited financial means and many of whom are seriously ill, will claim that Gallahers and Imperial Tobacco knowingly failed to reduce tar in cigarettes in the 1950s when the hazards first became clear.
If successful, the action, which is expected to come to court in the next two years, could have serious ramifications for tobacco companies. They could be faced with unlimited liability from the claims of Britain's annual 30,000 lung cancer cases the vast majority of which are thought to be caused by smoking.
The multi-million pound legal action is the first of its kind in Britain. In the US manufacturers are already under siege from legal claims from former smokers and even state governments over medical bills.
The action was brought after the victims were denied legal aid in July. They began talks with London lawyers Leigh, Day and Co, who agreed to represent them after changes in the law last year paved the way for the US-style "cash on results" claims.
It is expected that hundreds if not thousands, of sufferers could join the action as it gains momentum over the next months.
The two companies command 80 per cent of the British cigarette market manufacturing some of the most popular brands including Silk Cut, Benson and Hedges and Embassy.
Mr Martyn Day, a senior partner in the practice, said although the firm stood to lose £3 million if it failed, he was convinced it was right to go ahead with the claims.
Gallahers said it never commented on litigation current or pending while Imperial Tobacco Group said it would vigorously defend the case.