The High Court dismissed the action of 59-year-old John Thomas McCormack, of Abbeylara, finding there was a real and serious risk of an unfair trial.

Mr McCormack started smoking at the age of 12 or 13, smoking 10 cigarettes a day.

This increased to 30 between 1968 and 1973 and by 2000, he was on 60 to 80 a day, changing brands as the years went on.

He was diagnosed as suffering from a smoking-related illness in 1996 and contacted a solicitor about taking an action in 1999.

He was one of 17 people taking an action for damages against the State and a number of tobacco companies.

Three hundred and eighty-three other cases have been dismissed before reaching trial stage.

Mr Justice Gilligan today dismissed the claim, saying that with a trial date not likely until 2009, 13 years after he initiated his case, this would create a clear and patent unfairness in asking the State and tobacco companies to defend the action.

It is unclear if the other actions will be withdrawn on the back of this.