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Lubbe v Cape plc
''Lubbe v Cape Plc'' () (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. In this case it was alleged, and postulated by the House of Lords, that in principle it is possible to show that a parent company owes a direct duty of care in tort to anybody injured by a subsidiary company in a group.
==Facts==
Mr Lubbe was injured at work while manufacturing asbestos for a South African subsidiary company of the UK parent company, Cape plc. The South African subsidiary had no money left and Cape Plc had no assets in South Africa. His case was one of 3000 claims. The case was initiated in the high court in London. He alleged that the parent, Cape Plc, owed a direct duty of care in tort to him as a worker in the company group. Cape Plc was applying to stay the actions on the basis of ''forum non conveniens'', submitting that they were an abuse of process on grounds that intention to launch a multi party action was not disclosed to the court. Mr Lubbe argued that the claims should not be stayed since, in South Africa, the legal aid necessary to continue the claim had been withdrawn, no contingency fee arrangement was available and no other source of funding would be available. The Court of Appeal refused Mr Lubbe's arguments and continued the stay, and Mr Lubbe appealed to the House of Lords.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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