Leigh Day & Co could be forced to drop the case of the 47 lung cancer victims who are suing Gallaher and Imperial Tobacco, after a ruling which could make it liable for costs of up to £20m if it loses. The tobacco companies claim that the pursuers' firm should be liable for costs because it is funding the litigation, an argument given force last week by Mr Justice Popplewell, who ruled at a private hearing that he would not prevent the tobacco companies from trying to recover their costs from lawyers. Leigh Day is challenging the decision in the Court of Appeal. The firm is doing the work on a “no win no fee” basis because the victims could not obtain legal aid.