Judge considers tobacco ruling

Mr McTear smoked up to 60-a-day

A judge is deliberating on whether a tobacco firm should pay compensation for the death of a smoker - a ruling which could make legal history.

Widow Margaret McTear's attempt to win £500,000 damages is the first case to reach such an advanced stage on this side of the Atlantic.

If she wins, the landmark case will open the way for other smokers to sue.

Lord Nimmo Smith is due to make a judgement in writing within the next few weeks.

Submissions in the case closed at the Court of Session in Edinburgh on Friday.

The judge has heard from medical experts and other witnesses during 42 days of evidence and legal argument since the hearing began last October.

Mrs McTear, 58, of Beith, Ayrshire, has battled for 10 years to put her case against one of the world's largest tobacco companies.

Imperial Tobacco, makers of her late husband's favoured brand of cigarettes, deny any liability over his death.

Mrs McTear has continued fighting after the death of her husband

The first legal moves were made by chain-smoker Alfred McTear just before he died of lung cancer in March 1993 at the age of 48.

After replying to ads by the anti-smoking pressure group ASH he gave evidence on his death bed.

Mr McTear blamed glamorous advertising for the start of his habit, which increased to 60-a-day before he was told he had a fatal tumour.

After he died, Mrs McTear won the right to continue the legal action in her own name.

The court heard that one in 10 heavy smokers develop cancer and that doctors claim 89% of the lung cancers they see are the result of smoking.

But Imperial Tobacco argued that Mr McTear faced other cancer risks during his life and that there was no proof their cigarettes killed him.

In any case, claimed senior counsel Michael Jones QC, Mr McTear was well aware of the risks he was taking, and could not blame the tobacco company.

At an earlier stage in the proceedings the costs of the case were estimated at some £2m.

Mrs McTear's legal team have given their services for free.