McTear v Imperial Tobacco Ltd: IHCS 30 Sep 1996

The pursuer sought damages from the tobacco company following the death of her husband.
Held: A first instance decision on caution for expenses should be set aside only if plainly wrong.


Times 30-Sep-1996




See AlsoMcTear v Scottish Legal Aid Board 1995
The court refused the pursuer’s claim for judicial review of the board’s refusal of legal aid to pursue a claim for negligence against tobacco manufacturers following the death of her husband. . .

Cited by:

Appeal fromMcTear v Imperial Tobacco Ltd OHCS 31-May-2005
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.
Held: The action failed. The plaintiff had not . .
See AlsoMcTear v Imperial Tobacco Limited SCS 23-Oct-2001
The pursuer sought damages from the defenders after her husband had died, she said, after suffering injury smoking their cigarettes. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 09 April 2022; Ref: scu.83405