A motion concerning the medical records of alleged smoking victims who are taking legal action against tobacco companies will be heard in the High Court tomorrow. The hearing is "an initial pre-trial procedure", said Mr Peter McDonnell, a Dublin solicitor who is handling a number of legal actions against the tobacco industry in the State.
It is understood tobacco firms Gallaher and PJ Carroll are involved in tomorrow's High Court application to seek discovery of medical records.
A spokeswoman for PJ Carroll said the company "is taking this case to preserve evidence and ensure a fair trial. It is a matter for the court what the appropriate order is. It is not appropriate for us to comment any further."
Mr McDonnell said the tobacco companies were seeking the medical records of his clients. He said he would oppose the motion on the basis that it was not appropriate to deliver the records at this time.
"As in any case like this, they will be entitled to the records at a particular time, but not at this time," said Mr McDonnell. He said none of the issues or evidence in the overall case would be discussed tomorrow.
The case is, "hopefully", expected to take place within 12 months, said Mr McDonnell, who is taking legal proceedings on behalf of 206 smokers, as test cases for about 2,000 smokers on his files.
His clients are seeking compensation for damage to their health or that of their relatives.
Legal proceedings were begun in October 1998 against major tobacco companies by Mr McDonnell on behalf of 100 clients. The companies named in the proceedings are PJ Carroll and Co Ltd, Rothmans of Pall Mall (Ireland) Ltd, Players & Wills (Ireland) Ltd, Benson and Hedges Ltd and Gallaher (Dublin) Ltd.
Mr McDonnell has previously called on the Government to follow the example of the US government and take legal steps against cigarette manufacturers.
He also said the Government could net £20 billion from international tobacco firms if it pursued them for the costs of treating patients with smoking-related illnesses.