Delahunty v Player and Wills (Ireland) Ltd.

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Delahunty v Player and Wills (Ireland) Ltd (2006) is an Irish Supreme Court decision that allowed Margaret Delahunty to pursue damages against two tobacco companies for injuries she says were caused by cigarettes she smoked. Delahunty, then about 80 years old, had smoked since the age of 12 and was diagnosed with cancer in 1995. She sued Gallaher (Dublin) Ltd and Player & Wills (Ireland) Ltd for personal injuries and breach of statutory duty.

The tobacco companies asked the court to dismiss the claim for lacking a reasonable cause of action. The High Court had refused to dismiss, so the Supreme Court had to decide whether the action could proceed. Justice Fennelly, delivering the Supreme Court’s judgment, dismissed Gallaher Dublin’s appeal and upheld the High Court’s decision to allow the claim to go ahead.

The Court accepted that Delahunty alleged continuing injury since 1995 caused by cigarettes manufactured by Gallaher (Dublin) Ltd, even though the company argued her injury began before she smoked their cigarettes. The Court noted she was suing for damages for selling cigarettes she chose to smoke, which she claimed continued to harm her.

The Supreme Court therefore held that the claim disclosed a reasonable cause of action in negligence and for breach of statutory duty, and the appeal by Gallaher Dublin Ltd was unsuccessful. The decision was seen as a landmark step in Ireland’s broader battle against “Big Tobacco.”