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TRANSNATIONAL LITIGATION

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TRANSNATIONAL LITIGATION CLAIMS AGAINST UK BASED MULTINATIONALS by Fiona Gill ESTABLISHING JURISDICTION Brussels Convention (Article 2) 1968 Spilida v. – PowerPoint PPT presentation

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Title: TRANSNATIONAL LITIGATION


1
TRANSNATIONAL LITIGATION
  • CLAIMS AGAINST UK BASED MULTINATIONALS
  • by Fiona Gill

2
ESTABLISHING JURISDICTION
  • Brussels Convention (Article 2) 1968
  • Spilida v. Cansulex

3
DUTY OF CARE
  • It is suggested that provided there is
    sufficient involvement in control over and
    knowledge of the subsidiary operations by the
    parent, there is no reason why the general
    principles of negligence should not apply so that
    in certain circumstances such a duty should
    exist.
  • Leigh Day Co Nov 1999

4
AUSTRALIAN CASES
  • CSR Ltd v. Wren
  • Asbestos Products plc Ltd (AP) was wholly named
    subsidiary of CSR
  • All AP directors were employees of CSR
  • All management staff were employees of CSR
  • CSR board meetings regularly reviewed AP business

5
CSR LIMITED - WREN
  • CSR board approved acquisitions of plant and
    other items by AP
  • a close involvement over and above that
    expected in the case of a holding company

6
  • Ngcobo and Others v. Thor Chemicals Ltd
  • Connelly v. RTZ
  • Lubbe/Afrika and Others v. Cape plc
  • Sithole v. Thor Chemicals Limited

7
NGCOBO AND OTHERS v. THOR CHEMICALS LIMITED
  • 1987 Thor transfer mercury processing
    operation from Kent to South Africa
  • 1992 SA investigation into mercury poisoning

8
  • 1994/5 Thor/Directors prosecuted in South
    Africa
  • 1994 Writ served in England
  • April 95 High Court refuses Thors
    application to stay on grounds of forum
    non conveniens

9
  • May 1995 Defence served
  • July 1995 Writ served on behalf of further 17
    Plaintiffs
  • April 1997 Ngcobo claims settled for 1.3m
  • October 2000 Sithole v. Thor

10
CONNELLY
  • 1977-82 Employed by Rossing Uranium mine in
    Namibia
  • 1986 Laryngeal cancer diagnosed
  • 1988 Instructs solicitors in Scotland

11
  • 1992 Namibian application for Workmens
    compensation rejected
  • 1993/94 English solicitors instructed, legal
    aid obtained

12
  • Sept 1994 Writ issued and served with
    Statement of Claim
  • Oct 1994 Defendants applied to stay
  • Feb 1995 High Court imposed stay

13
  • Aug 1995 Court of Appeal upholds decision
    legal aid cannot be taken into account
  • Oct 1995 High Court rejected application to
    lift stay
  • May 1996 Court of Appeal held conditional
    fee agreement a material change of
    circumstances and lifted stay

14
  • Aug 1997 Court of Appeal upheld by House of
    Lords
  • Oct 1997 Defence served
  • Jan 1999 Claim struck out as time barred,
    leave to appeal refused

15
LUBBE v. CAPE PLC
  • control of the Companys worldwide asbestos
    business in England and failure to reduce
    asbestos exposures to a safe level

16
  • Feb 1997 Writ issued Lubbe and 4 others
  • Mar 1997 Application to stay
  • Jan 1998 High Court stayed proceedings
  • July 1998 Court of Appeal lifted stay

17
  • 11/01/99 Defence served
  • 18/01/99 Afrika Writ 1539 Claimants further
    Writs served

18
  • July 1999 High Court stays South Africa is
    the most appropriate forum
  • October 1999 Court of Appeal upholds the stay
    (High Court and Court of Appeal criticise
    Claimants solicitors tactics)
  • July 2000 House of Lords allows Claimants
    appeal

19
THE FUTURE
  • Motivation
  • defunct or bankrupt subsidiaries
  • Workmens compensation
  • group actions
  • higher damages in England
  • legal aid, conditional fees
  • human rights
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