BBC's Joshua Rozenberg: Lung cancer victims say the tobacco companies should have reduced the tar content

Eight lung cancer victims who are seeking compensation from Imperial Tobacco and Gallaher companies will ask a High Court judge on Monday to let them go ahead with the legal action.

The victims failed to bring their claims within the three years normally allowed.

The judge's ruling will have a crucial bearing on the eventual outcome of the case.

Cigarette manufacturers have been accused of ignoring the danger of cancer

More than 50 lung cancer sufferers are suing Imperial Tobacco - who make the Regal brand and Rizla cigarette papers - and Gallaher, whose brands include Silk Cut and Benson & Hedges.

They claim the two tobacco companies acted negligently by not reducing the tar content of their cigarettes between 1957 and 1971. They say this was a cause of their cancers.

In personal injury cases claimants normally have three years to begin a legal action from the date they become ill, or at least from the date they are diagnosed with an illness which could have been caused by someone else.

Decision after Christmas

Most of the cancer victims were diagnosed more than three years before the first writs were issued in 1996, some much earlier.

This week they will be asking a judge to exercise his discretion and allow their claims to go ahead.

A decision is not expected until after Christmas. But victory for some or all of the claimants at this stage will be a clear pointer towards success in the main claim, which is due to be heard in the year 2000.

The claimants are being represented by Martin Day, the solicitor who last month failed to persuade a Tokyo court to award compensation against survivors of Japanese labour camps during World War II.