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McCabe family formally ends its eleven year tobacco war against British American Tobacco
31 March 2011
Arnold Bloch Leibler has acted for the Estate of Rolah McCabe since 2007, defending proceedings brought by two related companies in the BAT group. The issue for determination was whether BAT could make out its claims of confidentiality and privilege in documents BAT sought to permanently restrain the Estate from using. The Estate alleged that any privilege was displaced by the crime/fraud exception. The Estate sought to use the documents to re-open the Court of Appeal of the Supreme Court’s December 2002 judgment, overturning the award at trial of damages in favour of Mrs McCabe. In that landmark case, the Judge found BAT had deliberately destroyed documents prejudicial to BAT in personal injury litigation against it, and its defence of that proceeding was struck out.
BAT and the McCabe family have reached an agreement to resolve their respective claims on confidential terms.
Rolah McCabe’s son, Jamie McCabe said, “It has been a long battle, but Mum would have been proud of us for preserving her legacy, just as all of Rolah’s children will always be proud of her”.
Statement from Jamie McCabe
“Mum’s decision to take on Big Tobacco was a difficult one, particularly as she has battled terminal lung cancer, but she did it because she believed it was the right thing to do.
It has been a long battle, but Mum would have been proud of us for preserving her legacy, just as all of Rolah’s children will always be proud of her.
While I am unable to comment on the details of the settlement in any way, it is a relief that it is finally over and we can get on with our lives.
Pictured below (l-r): Brenton McCabe, Jamie McCabe, Sue Kee – Arnold Bloch Leibler, Peter Gordon – Gordon Legal, Roxanne Cowell, Leon Zwier – Arnold Bloch Leibler and Dylan McCabe.
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