Denial of Justice Relevant to Forum

Lubbe and others v Cape plc and Related Appeals (TLR 20 July H of L)

Although South Africa was the more appropriate forum for trial of asbestos-related personal injury group litigation brought by over 3,000 South African claimants against an English parent company in respect of the commercial activities of its South African subsidiaries, the lack of means of the claimants to obtain the professional representation and expert evidence essential to the just disposal of their cases for the claimants in South Africa would amount to a denial of justice if the proceedings were to be litigated there. Accordingly the court refused to stay the English proceedings.