McTear v Imperial Tobacco Ltd [2001] ScotCS 239 (23 October 2001)

McTear v Imperial Tobacco Ltd [2001] ScotCS 239 (23 October 2001)

The court held that the pursuer's pleadings must be sufficiently specific to give fair notice of the case the defenders must meet. References to health risks other than lung cancer and to addiction without factual averments or supporting studies are irrelevant and must be deleted. Only averments relating to lung cancer and actual knowledge of addiction by the defenders at the material time are allowed to proceed to Proof before Answer.

Citation
[2001] ScotCS 239
Parties
Pursuer: Mrs Margaret McTear; Defender: Imperial Tobacco Limited
Jurisdiction
Scotland
Judgment Date
23 October 2001
Procedural Posture
Personal Injury Fatal Accident Claim / Procedure Roll Pleadings Scrutiny
Outcome
Defenders' first plea upheld in part; specified averments deleted from pursuer's pleadings; Proof before Answer allowed on remaining averments.
Legal Topics
Duty of Care, Negligence, Causation, Addiction, Warning Obligations
Tort Product Liability Personal Injury Duty of Care Negligence Causation Addiction Warning Obligations

Case Brief

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Parties

Mrs Margaret McTear

Pursuer

Imperial Tobacco Limited

Defender

Procedural Posture

Personal Injury Fatal Accident Claim / Procedure Roll Pleadings Scrutiny

Legal Issues

  1. 1 Whether the pleadings give fair notice and adequate specification of the case against the defenders
  2. 2 Whether the defenders owed a duty to warn about addiction and health risks
  3. 3 Whether the defenders knew or ought to have known about the risks of smoking and addiction prior to 1964

Ratio Decidendi

The court held that the pursuer's pleadings must be sufficiently specific to give fair notice of the case the defenders must meet. References to health risks other than lung cancer and to addiction without factual averments or supporting studies are irrelevant and must be deleted. Only averments relating to lung cancer and actual knowledge of addiction by the defenders at the material time are allowed to proceed to Proof before Answer.

Court Disposition

Defenders' first plea upheld in part; specified averments deleted from pursuer's pleadings; Proof before Answer allowed on remaining averments.

Orders

  • Delete specified averments from pursuer's pleadings as indicated in the opinion.
  • Reserve all other pleas.