Biggest claim settles

Multinational asbestos mining and milling company Cape has agreed to pay 21 million into a trust fund as settlement of the landmark asbestos claim by South African miners.Although the claimants may have received greater compensation if the case had gone to trial, it was feared that Uxbridge-based Cape would have gone bankrupt if it lost and the victims received little as a result.Cape is now due to pay a bulk sum of 11 million into the trust, followed by ten annual instalments of 1 million.The claim, the largest ever group action in England and Wales, established that a UK company can be held responsible for the actions of a foreign subsidiary.Richard Meeran, a litigation partner at London firm Leigh Day & Co, who acted for around 5,000 of the 7,500 claimants, said: 'I think it was the best that could have been achieved in the circumstances.

If the case had gone ahead and Cape had gone out of business, the only beneficiaries would have been the lawyers.'He said the case sent out a message to multi-national companies that 'if they behave irresponsibly in developing countries, they will be held to account'.

Mr Meeran picked out the Legal Services Commission for special thanks.

'They deserve credit for funding people in desperate need of access to justice, who have been treated in a callous way,' he said.Manchester firm John Pickering & Partners acted for the rest of the claimants.

Davies Arnold Cooper acted for Cape.Andrew Towler