Smoking and tobacco law

McTear v Imperial Tobacco Ltd

www.scotcourts.gov.uk/opinions/2005csoh69.html

Full text of the very lengthy decision of Lord Nimmo-Smith 31 May 2005, following proof before answer, dismissing the pursuer’s claim for damages from the defenders for personal injury allegedly caused to her deceased husband by his smoking the defenders’ cigarettes.

McTear v Imperial Tobacco Ltd: Procedure Roll Judgment

www.scotcourts.gov.uk/opinions/a2126_01.html

The decision of Lord McClusky in 2001 following a procedure roll debate.

Angus Rae v Strathclyde Joint Police Board

www.scotcourts.gov.uk/opinions/0591595.html

The decision of Lord Bonomy in 1995 following a procedure roll debate in an action where the pursuer claimed for damages for injury claimed to have been caused by passive smoking in the workplace. (The case was allowed to proceed to a proof before answer but the pursuer finally lost).

Scottish Law Commission

www.scotlawcom.gov.uk/publications/reports/1990-1999/

In 1996, the SLC produced this Report (number 154) on Multi-Party Actions which examined in detail the possibility of reform in procedure to allow such cases, as occur in other jurisdictions, and which, if implemented, might have allowed easier access to the courts by those harmed by tobacco.

Tobacco Control Resource Centre

www.tobacco.neu.edu/litigation/index.htm

This organisation is a voluntary umbrella organisation which seeks to oppose the might of the tobacco industry. It does so in a variety of ways including the provision of resources and information: such as this very useful set of links for lawyers which includes tobacco cases, documents, a ‘trial in a box’ and other resources.

University of California, SF

www.library.ucsf.edu/tobacco/litigation/

This site contains key litigation documents from cases brought by the Attorneys General of 44 States of the US and a copy of the Master Settlement Agreement signed in 1998.

Findlaw

news.findlaw.com/legalnews/lit/tobacco/index.html

A collection of links to tobacco litigation, rather diffuse though.

ASH

www.ash.org.uk

The website for the pressure group: Action for Smoking and Health the home page of which contains many useful other links. Has a very useful summary of UK and EU law on smoking. Contains lots of material on the McTear case in the news section.

FOREST

www.forestonline.org

And for the other side of the story, the Voice and Friend of the Smoker with yet more tobacco links and a rather different point of view from ASH.