Lubbe v Cape plc

Lubbe v Cape Plc [2000] UKHL 41 is a conflict of laws case, which is also highly significant for the question of lifting the corporate veil in relation to tort victims.The House of Lords held unanimously that although South Africa was the more appropriate forum for hearing the claim, it was highly likely that legal representation for the claimants would be unavailable.The expert evidence suggested a denial of justice would result, exacerbated by the lack of procedures in South Africa to accommodate multi-party actions.Much of the evidence material to this inquiry would, in the ordinary way, be documentary and much of it would be found in the offices of the parent company, including minutes of meetings, reports by directors and employees on visits overseas and correspondence.The second segment of the cases involves the personal injury issues relevant to each individual: diagnosis, prognosis, causation (including the contribution made to a plaintiff's condition by any sources of contamination for which the defendant was not responsible) and special damage.
forum non conveniensconflict of lawslifting the corporate veilHouse of LordsasbestosCape plclegal aidCourt of AppealSouth AfricaLord Binghampersonal injuryChandler v Cape plcCase of Sutton's HospitalSalomon v A Salomon & Co LtdMacaura v Northern Assurance Co LtdGilford Motor Co Ltd v HorneLee v Lee's Air Farming LtdJones v LipmanTunstall v SteigmannLittlewoods Mail Order Stores v IRCWallersteiner v MoirDHN Ltd v Tower Hamlets LBCWoolfson v Strathclyde Regional CouncilOrd v Belhaven Pubs LtdLubbe v Cape PlcGencor ACP Ltd v DalbyTrustor AB v Smallbone (No 2)Prest v Petrodel Resources LtdVTB Capital plc v Nutritek Int CorpLungowe v Vedanta Resources plcRome II RegulationUK company lawEnglish tort lawAdams v Cape Industries plcDonoghue v StevensonSpiliada Maritime Corp v Cansulex Ltd