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B. The Park Proceedings (proceedings commenced in South Carolina)
B.The Park Proceedings (proceedings commenced in South Carolina)
On 4 June 2021 a claim was issued by Ms Isabella Park in South Carolina against a large number of companies. Ms Park claimed to have sustained asbestos-related injuries derived from her husband, who had worked with asbestos: Mann J Judgment/[42]. I shall refer to these proceedings as the “Park Proceedings”. One of the many defendants named in the Park Proceedings was “Cape plc”.
On 17 November 2021, the complaint in the Park Proceedings (now being pursued by Ms Park’s son as her personal representative) was amended to add a further party, Cape Intermediate Holdings Ltd or “CIHL”: Mann J Judgment/[42].
- Heading
- A. Introduction
- B. The Park Proceedings (proceedings commenced in South Carolina)
- The “Cape” defendants to the Park Proceedings
- D. Constitution of the Park Proceedings in South Carolina
- E. Apparent conclusion of the Park Proceedings
- F. The receivership application in the South Carolina courts
- G. Exorbitant nature of the Receivership Order
- H. Mr Protopapas as the First Defendant in these proceedings
- The Tibbs Proceedings
- J. Third party claims
- K. “Single economic unit”: the factual basis for the Receivership Order and the Third Party Claim
- Declarations and orders made by Mann J in the proceedings before him
- The Cape Scheme and the David Richards J Order
- N. The Settlement Agreement
- O. The claims in the present proceedings
- P. The power in this court to make declarations
- Q. Is this a case where it is appropriate for this court to consider making declarations?
- R. Are the declarations properly and soundly based?
- T. Declarations at paragraphs 4 and 5 of the draft order
- Conclusions