Lord Bingham made the following remark about the tort issue

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that the claims should not be stayed since, in South Africa, the legal aid necessary to continue the claim had been withdrawn, no contingency fee arrangement was available and no other source of funding would be available.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 expert evidence suggested a denial of justice would result, exacerbated by the lack of procedures in South Africa to accommodate multi party actions. This meant that lifting the stay was appropriate and the action continued in the English courts.Lord Bingham made the following remark about the tort issue,[1]20.

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