First, the plaintiffs do not allege that the defendant is liable for breaches of duty by the South African companies (the judge's issue (5)). It can be said, therefore, that due weight is given to the plaintiff's ability to bring proceedings in England`as of right' by the application of what is called stage 1 of the Spiliada test. But that is not the situation here. Whether the Court's jurisdiction will become effective depends upon the willingness of the defendant to submit to it : the antithesis of jurisdiction asserted "as of right". Naturally, therefore, both Miss Dohmann and Mr Kentridge made submissions to us as to whether English or South African law governs the tortious liability which the plaintiffs allege against the defendant. 63. We were given an agreed statement of South African law as to the jurisdiction of the High Court of South Africa in an action in tort (delict) brought by a resident (incola) against a non-resident (peregrinus). The suggestion that the defendant formulated its policy in England takes the matter no further ; the plaintiffs were not injured by the formulation of policy, but by exposure to asbestos dust in South Africa. Reference is also made to an action commenced by Writ issued on 3 October 1997 against the defendant by four Italian plaintiffs claiming damages for personal injury. The defendant company is not amenable to the jurisdiction of the South African Courts, save with its consent. It is said to have started asbestos production facilities in Italy and in this country and to have marketed the products worldwide. Connelly v. RTZ Corp. plc (House of Lords). It was incorporated in England in 1893 under the name Cape Asbestos Company Limited, principally to mine and process asbestos and sell asbestos-related products. Seeking therefore to give a principled answer to the question whether a foreign jurisdiction can be regarded as available to the plaintiff, when its availability depends on the defendant submitting to it, it seems to me that there could be extreme cases where the defendant is sued "as of right' in a jurisdiction which has no connection whatsoever with the subject-matter of the dispute and where the foreign jurisdiction in question is "clearly and distinctly" the only one which could be regarded as appropriate in the circumstances. This meant that lifting the stay was appropriate and the action continued in the English courts. 47. 49. at pp. If that is a relevant consideration (I do not say that it is) then there is nothing inherently wrong or unreasonable in bringing proceedings in England against an English defendant in respect of alleged negligence committed for the most part in this country, even though having its injurious effects abroad. He took no account of the fact that a South African forum was and is unavailable to the plaintiffs until the defendant offered undertakings during the hearing before him, and it remains conditional upon them. Again, the judge's summary can be quoted here :-. Appeal from – Lubbe (Suing As Administrator Of The Estate Of Rachel Jacoba Lubbe) and 4 Others v Cape plc and Related Appeals HL 22-Jun-2000 South African asbestosis victims suing in England submitted that to stay their proceedings in favour of the South African forum would violate their article 6 rights. 23. The judge in my view did underestimate the extent to which factual issues arise here in this country : he said that there were none, apart from the presence of the defendant company, when clearly there are some. 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