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McTear v IMpereal Tobacco Ltd., Outer House, Court of Session (Lord Nimmo Smith) (Scotland) 31/5/2005; Times, June 14, 2005

Description

On the facts, the court was unable to determine whether cigarette smoking was a cause of lung cancer. The pursuer had failed to adduce evidence which gave the court any special knowledge of the subject-matter on which her experts had relied enabling the court to form its own judgment. In any event, it was held that evidence of the use of statistics applying to the general population could not be used to determine the likelihood of causation in an individual case.

Specifications

  • Court of Session
  • Thursday, 11 August 2011

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