A York man is among eight cancer sufferers seeking the right to sue two giant tobacco companies over their plight.

They have launched a test case in the High Court in London which if successful could open the way to a multi-million pound damages action against Gallaher and Imperial Tobacco.

Counsel for the eight, Brian Langstaff QC, told the court that the companies failed to accept the obvious truth - that smoking caused cancer.

By 1957 there could be no doubt there was at the very least a significant risk attached to smoking cigarettes. Any responsible manufacturer would be aware of that and had a duty to alter its product so as to minimise the risk, Mr Langstaff added.

He alleged that between 1957 and 1971 the technology was available for the tar level in cigarettes to have been progressively reduced from well over 30mg per cigarette to no more than 10mg.

Standing behind the eight, who include Leonard Jenkins, from York, are 50 other lung cancer sufferers who say the two tobacco firms are responsible for their illnesses.

The eight have been selected as "lead actions" to test the companies' claims that they have left it too late to sue because they failed to issue writs within three years of being diagnosed with lung cancer.

They must first persuade Mr Justice Wright to exercise his discretion under the 1980 Limitation Act to allow their cases to proceed.

Mr Langstaff said the eight suffered injury because all the cigarettes they smoked between the 1950s and 1970s contained more tar than was reasonable, safe or appropriate.

As far as they were aware neither of the companies involved, which had about 80 per cent of the market between them, had ever publicly accepted that cigarettes caused lung cancer and the risk rose with the tar content. "Their position is not asserting the contrary - but not accepting the truth of those two central planks. There has been a failure by both companies to accept the obvious," he said.

Mr Langstaff said a 1957 report from the Medical Research Council concluded that cigarettes caused cancer.

There were calls in the British Medical Journal for filters to be used as a matter of course, removing about 40 per cent of tar.

The hearing, which lawyers hope will pave the way for a full trial in January 2000, is expected to last two weeks with a ruling from the judge after Christmas.

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