EuropeSouth AsiaAsia PacificAmericasMiddle EastAfricaBBC HomepageWorld ServiceEducation
News image
News image
News image
News imageNews image
News image
Front Page
News image
World
News image
UK
News image
UK Politics
News image
Business
News image
Sci/Tech
News image
Health
News image
Education
News image
Sport
News image
Entertainment
News image
Talking Point
News image
In Depth
News image
On Air
News image
Archive
News image
News image
News image
Feedback
Low Graphics
Help
News imageNews imageNews image
Monday, July 5, 1999 Published at 13:09 GMT 14:09 UK
News image
News image
Business: The Company File
News image
Asbestos victims' court battle
News image
One of the controversial mining sites in Northern Cape
News image
The High Court is considering whether thousands of South African miners who are suffering from asbestos-related diseases should have their claims for compensation heard in Britain.


[ image: In the UK, there have been information campaigns on asbestos]
In the UK, there have been information campaigns on asbestos
They say they became ill while working for a British company and should be able to sue the firm in this country.

Mr Justice Buckley must decide in a week-long hearing whether to "stay" the action brought against Cape plc of Uxbridge, west London, which would mean the case having to proceed in South Africa.

Lawyers for the claimants are contesting the move, claiming that there is no mechanism for "group" actions in South Africa.

Cape's QC, Brian Doctor, told the judge: "These events occurred in South Africa and that's where the information has to be looked for."

Landmark case

He said Cape which now worked in asbestos removal, had sold its mines in 1979 and had no interests in South Africa.

None of its current employees had anything to do with the events involved in the claim, or had any personal knowledge of them.

Mr Doctor said that the allegations against Cape had to be "investigated from scratch" and could not be done "in house".

The company had very little documentation relating to South Africa and, apart from board memos, nothing prior to 1971.

South Africa was not the equivalent of a suburb in London, he added. "It is a vast country in which asbestos is found naturally. It has been mined for 100 years and there are vast deposits of the stuff all over.

"It has been mined by large numbers of people including Cape."

He added that it was possible to conclude from surveys carried out that merely living in certain parts of South Africa exposed one to enough asbestos to cause asbestos-related disease.

Mr Doctor told the judge: "What you are being asked to do today is to consider which is the appropriate forum for this trial - the one in which the action can be tried more suitably for the interests of the parties and the ends of justice."

The question, he added, was whether a group action involving up to 4,000 claimants could be brought in England.

'Tip of the iceberg'

The Court of Appeal decided at an earlier hearing that it was appropriate for the cases of five of the claimants to proceed in this country.

But Cape says the situation is changed by the numbers now involved and claims that the court saw only "the tip of the iceberg"" and did not appreciate the extent of what it was testing.

Whatever the outcome of the hearing, there is likely to be an appeal.

The workers say they contracted asbestosis while working for Cape in the 1970s, by inhaling the dust daily.

If they win the right to take action, the case may mean other UK companies with overseas subsidiaries could face similar challenges over their actions, dating back many years.



News image


Advanced options | Search tips


News image
News image
News imageBack to top | BBC News Home | BBC Homepage |
News image

News imageNews imageNews image
The Company File Contents
News image
News imageNews image
Relevant Stories
News image
05 Jul 99�|�The Company File
Asbestos victims battle for damages
News image
05 Jul 99�|�The Company File
Asbestos 'killed my family'
News image
01 Jul 99�|�Health
Breakthrough on asbestos disease
News image
18 Feb 99�|�Africa
South Africans launch asbestos lawsuits
News image
31 Aug 98�|�Medical notes
Asbestos disease factfile
News image
18 Aug 98�|�Latest News
UK set to ban 'killer dust'
News image

News image
News image
News image
News imageInternet Links
News image
News imageNews image
Cape plc
News image
Asbestos Institute
News image
British Asbestos Newsletter
News image
News imageNews image
The BBC is not responsible for the content of external internet sites.

News image
News image
News image
News imageIn this section
News image
Microsoft trial mediator welcomed
News image
Vodafone takeover battle heats up
News image
Christmas turkey strike vote
News image
NatWest bid timetable frozen
News image
France faces EU action over electricity
News image
Pace enters US cable heartland
News image
Mannesmann fights back
News image
Storehouse splits up Mothercare and Bhs
News image
The rapid rise of Vodafone
News image
The hidden shopping bills
News image
Europe's top net stock
News image
Safeway faces cash demand probe
News image
Mitchell intervenes to help shipyard
News image
New factory creates 500 jobs
News image
Drugs company announces 300 jobs
News image
BT speeds internet access
News image
ICL creates 1,000 UK jobs
News image
National Power splits in two
News image
NTT to slash workforce
News image
Scoot links up with Vivendi
News image
New freedom for Post Office
News image
Insolvent firms to get breathing space
News image
Airtours profits jump 12%
News image
Freeserve shares surge
News image
LVMH buys UK auction house
News image
Rover - a car firm's troubles
News image

News image
News image
News image