A FORMER smoker who is suing two tobacco companies for more than £50,000 has been given the green light to pursue his ground-breaking legal action.

John Hodgson, of Whinney Lane, Mellor, is one of more than 30 lung cancer victims who have issued writs blaming Imperial Tobacco and Gallaher for their illnesses.

The go-ahead for the legal action was given yesterday after lawyers representing the cancer victims were reassured by the Court of Appeal that they will not be liable for huge costs if they lose.

Master of the Rolls Lord Woolf, Lord Justice Aldous and Lord Justice Chadwick also removed a gagging order preventing the victims from speaking to the media.

Lord Woolf said that the litigation was able to proceed because the victims entered into no win, no fee agreements with the lawyers.

His solicitor Geraldine McCool, of Leigh, Day and Company, said: "This is excellent news for Mr Hodgson and the other smokers and an important landmark in their case.

"Now the path is clear to for this very important case to proceed."

Mr Hodgson, 56, claimed the tobacco companies failed to inform him properly of the risks of smoking during the 1940s and 1950s.

The Lancashire League cricket umpire smoked between 20 and 25 cigarettes a day from 1958 until 1992, when he decided to give up.

He smoked Senior Service cigarettes until 1984 when he switched to untipped Benson and Hedges.

Three months later he was diagnosed with lung cancer and had his right lung removed.

Doctors told him his condition had been caused directly by his smoking although he now looks to have beaten the illness.

He has said that he is not bothered about the money but simply wants the tobacco companies to admit that smoking causes lung cancer.

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