Hodgson and Others v Imperial Tobacco Co and Others – High Court Queen's Bench Division
Judgment given in February 1999
In a class action on behalf of 52 plaintiffs against Imperial Tobacco Co and Others, whose products account for approximately 80% of all cigarettes sold in the UK, the plaintiffs alleged that they were suffering from lung cancer. The allegation was supported by medical opinion that the lung cancer had been caused by smoking.
The Judgment
Of the 52 plaintiffs, 10 were selected by agreement between the parties to act as "lead plaintiffs" on the basis that they were representative of the group and that their selection would enable the litigation to proceed in an efficient and economic manner. It was common cause that 8 of the 10 had not commenced action within three years of them having knowledge of their cause of action as provided in Section 14(1) of the Limitations Act 1980 (the equivalent of our Prescription Act). Their claims had therefore prescribed.
