Lubbe v. Cape PLC

1 W.L.R. 1545 (2000)

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Lubbe v. Cape PLC

House of Lords
1 W.L.R. 1545 (2000)

  • Written by Elizabeth Yingling, JD

Facts

Lubbe and thousands of other similarly situated individuals (collectively, Lubbe) (plaintiffs) sued Cape PLC (defendant), an English corporation, for personal injuries arising from asbestos exposure received while working for Cape’s South African subsidiary. The United Kingdom had procedures for handling complex group cases, while South Africa did not. Cape moved to stay the case on the basis of forum non conveniens, alleging the case should be decided in South Africa and not England. Lubbe argued that substantial justice would not be done in South Africa because legal aid was not available and there was no reasonable likelihood that lawyers would accept a contingency fee for such a complex case. Lubbe contended that, conversely, legal representation and adequate funding were available in England. Cape countered that Lubbe had not applied for legal aid in South Africa and it was speculative to contend that lawyers would not accept a contingency-fee representation. The South African Contingency Fees Act applied only to attorneys’ fees and not expert-witness fees. Cape also contended that other sources of litigation funding were available. Cape further alleged that, if sued in South Africa, Cape could join third parties that had contributed to Lubbe’s damages and enforce judgments against those parties in South Africa. In response, Lubbe agreed that Cape would be liable only for Cape’s proportionate share of damages. Both Lubbe and Cape argued that public interest favored their respective chosen forum. The trial court stayed the case, and the court of appeal affirmed. Lubbe appealed to the House of Lords.

Rule of Law

Issue

Holding and Reasoning (Bingham, J.)

Concurrence (Hope, J.)

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