n Without Prejudice - Funding litigation and accessing justice : the law




In 2000 the UK House of Lords held that claims made by South African asbestosis victims against Cape plc should be heard in the UK, and not in South Africa. One of the reasons for this decision was the absence of developed procedures for handling class actions in South Africa and the procedural novelty of such actions in this country. Another reason was the difficulty of funding of this type of potentially protracted and expensive litigation in South Africa.


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