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Action on Smoking and Health
A National Legal-Action Antismoking Organization Entirely Supported by Tax-Deductible Contributions
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British American Tobacco Admits Fear of Health Effects of Smoking Lawsuits [02/12-2]
Excerpts from: BAT admits longstanding fear of health lawsuits
By
Heather Stewart The Guardian [02/11/04]
British American Tobacco was readying itself to fend off litigation over the health effects of smoking as early as the mid-1980s, its lawyers admitted yesterday, as they sought to prevent a former
legal adviser from being forced to give evidence in a $290bn (£160bn) American lawsuit.
BAT is contesting a December high court judgment which called for its former adviser, Andrew Foyle, a senior partner at London law firm Lovells, to be questioned about "document retention policies" at the firm
The US government would like to speak to Mr Foyle in what is thought to be the largest claim for compensation to be filed in the US courts. He is not accused of wrongdoing, but prosecutors believe he could shed light on the document retention programme at BAT.
In evidence submitted by the US when it first made the request to the English courts to question Mr Foyle, he is cited as helping BAT to organise a "spring clean" of its documents to protect itself against litigation - although it subsequently promised him immunity from prosecution as a result of anything he told the prosecutors.
BAT's American subsidiary, Brown & Williamson, is one of the defendants in the massive damages case, together with several other tobacco firms including Philip Morris and RJ Reynolds. They are accused of systematically suppressing evidence on the health effects of smoking since as long ago as 1953.
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