More than twice as many schools as last year saw all their pupils achieve the scores expected of an 11-year-old in primary school league tables published today. They were not attempting to run a coach and horses through the system of no win, no fee agreement.The cancer sufferers are also trying to overturn a "gagging order" imposed by Mr Justice Popplewell stopping lawyers from discussing the case in public.However Mr Jonathan Playford QC, for Imperial, accused the plaintiffs' lawyer, Martin Day of Leigh Day, of conducting "litigation by media" and media warfare against his clients.He said Mr Day's comments in the media on the case had raised the temperature of the already complex action and had affected his client's commercial status. Mr Brennan said the only reason for doing this would be the normal one of claiming that lawyers in the case had acted improperly or negligently.The plaintiffs were seeking a declaration now - even though the cigarette manufacturers have made no formal application - to prevent lawyers being under the "intolerable" burden of not knowing whether they are liable.For Gallagher, who with Imperial have 80 per cent of the UK cigarette market, Justin Fenwick QC told the Court of Appeal any such declaration would be "premature" and would fetter the discretion of the trial judge. Chutes stolen Thieves stole parachutes and safety clothing belonging to one of the elite Red Devils free- fall display team, police said.

The equipment was taken from a van in a car park in Longford, Coventry.. The "no win, no fee system" - a key plank of the Government's legal reforms - could be wrecked by a case at the Court of Appeal. Michael Streeter, Legal Affairs Correspondent, looks at the implications of an action against tobacco companies. Lawyers for the multi-party legal action against British tobacco manufacturers said conditional fee agreementscould be "destroyed" if they are held personally liable for the companies' legal costs. Estimates put the costs of the negligence action by 43 lung cancer sufferers at up to pounds 20m. Their lawyers have made it clear that if they are at risk of paying the costs they will withdraw from the case.Yesterday Dan Brennan QC, for the plaintiffs, said it could have wide implications for conditional fee agreements (CFAs). He said a ruling making lawyers liable for the costs would "destroy the efficacy of such claims" by dissuading lawyers from taking such risks.Such a ruling would be against a public policy, he said.The Government has put CFAs at the core of its plan to reform to the civil justice system by aiming to remove legal aid for all monied civil claims and replacing it with no win, no fee agreements.A Court of Appeal judgement that lawyers could be liable for defence costs if the plaintiffs has no funds or insurance to pay them could cause ministers to rethink their proposals.The plaintiffs are seeking to overturn a refusal by Mr Justice Popplewell last year to make a declaration that the tobacco firms involved, Imperial Tobacco and Gallagher, cannot seek to claim costs from lawyers if they successfully defend the case. Tracie Andrews, who was jailed for life for the roadside murder of her fiance has been granted leave to appeal against her conviction, it emerged last night.

Andrews, 28, who was found guilty at Birmingham Crown Court last July of murdering Lee Harvey, 25, of Alvechurch, Worcestershire, in December 1996, has been granted leave to challenge her conviction after her legal representatives lodged an appeal, police said. A West Mercia Police spokesman said: "West Mercia Police can confirm that the Crown Prosecution Service have been advised by the Court of Appeal that Tracie Andrews has been given leave to appeal against her conviction.". Provided these hurdles can be overcome, surgeons say age is irrelevant in cases of this kind so long as the patient is fit and able to benefit from the surgery.Mr Pearse said: "The Queen Mother would have been treated as a 65-year- old not a 95-year-old because she is quite fit. The operation, which requires a stay of about two weeks in hospital, costs pounds 5,000 to pounds 10,000 privately.. The chances double every seven years after 65 and one women in four has suffered a broken hip by the age of 90.About 50,000 hip replacements are carried out each year and there are long waiting lists up to 18 months on the National Health Service. In cases like this, age is relatively unimportant."Hip fractures are extremely common in the over-70s as the bones soften with advancing age. Prolonged periods in bed can lead to pneumonia, bed sores, clots in the veins and confusion. Restoring mobility and therefore their health is a priority."Thrombosis caused by blood clots and infection pose the biggest risk over the next few days.