LUNG cancer victim Denis House is preparing for a new battle - against the tobacco firm he holds responsible for his illness.

Mr House, of George Street, Bicester, is one of 43 people whose lawyers have been given the go-ahead for a multi-million pound court case against cigarette industry giants Gallaher and Imperial Tobacco.

The green light came when High Court judges gave a reassurance that the ex-smokers' lawyers would not be liable for huge legal costs if they lose.

They also lifted a gagging order which has prevented Mr House and other plaintiffs from talking to the press about the fight.

Mr House, 57, was diag- nosed with lung cancer in 1988 and has not smoked a cigarette since. Even though doctors were able to successfully remove the tumour, he has been left in constant pain from the operation. He has to attend regular pain clinics at the Churchill Hospital in Headington with Dr Chris Glynn but lives in fear of the cancer returning. in his body again.

He said: "I will always be worrying and it is never going to go away. I cannot remember going through one day without thinking about it at least a dozen times. I know it will get me one day." Mr House, who started smoking at the age of 14, said: "At that age it was quite a big thing to smoke because everybody was doing it - film stars, doctors, nurses. It was very fashionable.

"As kids we'd go down to the cinema and there it was on the adverts, saying smoking was such a wonderful thing.

"You got dragged into it by the cleverness - we know nothing of what was coming in the future."

Mr House and his wife Ann described the outcome of the hearing as "exciting".

He said: "We are very pleased - it's another big step to getting it sorted."

But Mrs House said: "I'd rather have a fit husband than the money, but it might take the pressure off him. If the settlement is a substantial amount he can chose if he wants to work."

The couple have two daughters and four grandchildren.

Mrs House said: "When we started this some people gave us a hard time. They wouldn't want to live the last ten years like I have. I've had to live with it on a daily basis. When he's not well I never know what's going to happen."

Solicitor Mr Martyn Day, acting for Mr House among others, said after the hearing that the judgment had "cleared the clouds."

"As a result I'm pleased to say that the whole of the legal team is happy with the idea that we continue to act for this group of plaintiffs and pursue the case with full vigour to trial as soon as possible."

He was also pleased that the judges had lifted a gagging order stopping the solicitors commenting to the media.

"Today has been a good day as far as justice for the ordinary British individual is concerned."

Mr Ian Birks, of Gallaher, said: "The decision does not surprise Gallaher. It is the outcome that we expected.

"Gallaher has meritorious defences and will continue vigorously to resist the claims."

Gallaher is the largest manufacturer of tobacco products in the UK.

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