Lloyd's Maritime and Commercial Law Quarterly
FUNDING DECISIVE: ASBESTOS GROUP ACTION TO PROCEED IN ENGLAND
Lubbe
v. Cape
Another forum non conveniens
dispute has gone to the House of Lords, which in a unanimous decision in Lubbe
v. Cape Plc
1
ordered that a group action brought by many thousands of South African claimants against Cape, an English Plc incorporated in 1893 principally to mine and process asbestos and to sell asbestos-related products but now involved in asbestos removal, may proceed in England.
1. Schalk Willem Burger Lubbe (Suing as Administrator of the Estate of Rachel Jacoba Lubbe) and Others
v. Cape Plc and Related Appeals
[2000] 1 W.L.R. 1545; [2000] 2 Lloyd’s Rep. 383.
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