A senior litigation partner at City firm Lovells is this week resisting attempts to make him give evidence in a major US tobacco case.

Andrew Foyle is contesting an application by a US court requesting that its English counterpart take evidence from him and British American Tobacco (BAT) chairman Martin Broughton in the US government's action against a host of top tobacco companies in the US, including a subsidiary of Lovells' clients BAT, known as BATCo.

The US action alleges that the companies fraudulently concealed research on the health consequences of smoking and deceived consumers as to the addictive qualities of nicotine.

It also claims that some of the defendants destroyed certain documents.

A US court wants to ask Mr Foyle questions about his knowledge of BAT and BATCo's document management policy and the alleged destruction of relevant documents.

It wants to ask Mr Broughton questions on BAT's corporate structure.

There is no suggestion that Mr Foyle, Lovells or Mr Broughton were involved in any document destruction or any wrongdoing whatsoever.

The US application acknowledges that there is evidence that Mr Foyle did not direct any destruction.

The current proceedings are merely to establish whether Mr Foyle and Mr Broughton can be made to answer any questions.

Mr Foyle and BATCo - represented by City firm Norton Rose - claim legal professional privilege.

A BAT spokesman said Mr Broughton, represented by City firm Herbert Smith, says he should not be a party to the proceedings because he is chairman of the UK plc and not an employee or director of BATCo, which is being advised by Lovells.

He added: 'This litigation in the US was started by [President] Clinton and has been going nowhere fast.

We think it is entirely without merit, and will be vigorously defended if it ever does come to court.'

London firm Loble Solicitors is acting for the US Department of Justice.