British Courts Challenge South Carolina Judicial Authority with Penal Notice

Dec 11, 2024

In a move that would show up the most scandalous season of Bridgeton, the U.K. judicial system has crossed the Atlantic – threatening a local South Carolina plaintiff attorney with criminal prosecution and even imprisonment for actions related to litigation against an asbestos mining powerhouse. What might cause this kind of unwarranted international entanglement? Just ask billionaire Mohed Altrad, the king of evading liability and stirring up judicial turmoil from across the pond.

This month, the British High Court of Justice issued a Penal Notice targeting the South Carolina Receiver and his legal team for their active litigation with Cape, a former asbestos mining empire. This unprecedented move raises serious concerns about cross-border judicial interference and the lengths to which Cape will go to avoid accountability for its asbestos liabilities.

What Is a Penal Notice?

A Penal Notice is a legally binding directive issued by a court, warning of severe consequences for non-compliance, including fines, contempt of court charges, or imprisonment. However, the issuance of this notice by the British courts against members of the South Carolina judiciary, legal officers, and the court-appointed Receiver marks a troubling overreach.

The notice is part of Cape’s ongoing strategy to disrupt South Carolina’s legal process. Cape has long sought to leverage international jurisdictions to escape accountability, but this latest maneuver has escalated tensions between the U.S. and U.K. judicial systems.

A Threat to Judicial Integrity

The British Court’s Penal Notice attempts to undermine the authority of the South Carolina courts, where litigation involving Cape has thus far passed state and federal scrutiny. By threatening criminal repercussions for enforcing U.S. and South Carolina law, the notice challenges the very integrity and ethics of the American judicial system.

The South Carolina courts have been unequivocal in asserting their jurisdiction, stating that no foreign entity, including the British High Court, can enjoin or penalize members of the U.S. judiciary or legal professionals acting in accordance with domestic law. Taking a page from Lady Whistledown’s book, it seems that U.K. courts are attempting to insert themselves into matters far beyond their social circle – or, in this case, their legal jurisdiction.

Cape’s Legal Evasions and South Carolina’s Response

Cape, one of history’s deadliest asbestos miners, has a documented history of avoiding accountability through corporate restructuring and cross-border legal maneuvers. In South Carolina, the court-appointed Receiver, Peter Protopapas, has been working to administer Cape’s U.S. liabilities, ensuring victims of asbestos exposure have a pathway to justice.

The issuance of the Penal Notice follows Cape’s recent attempt to secure an injunction from the British High Court to block the Receiver’s actions in the U.S. This blatant attempt to circumvent South Carolina’s legal process has only strengthened the resolve of the American judiciary to hold Cape accountable.

Former Judge Wilkins’ Amended Opinion

Adding further complexity, former Fourth Circuit Judge William “Billy” Wilkins, who had previously provided an expert opinion for Cape in the British court, has clarified that his views were misrepresented. In an amended opinion, Wilkins explicitly stated that his legal insights were not intended to undermine South Carolina’s jurisdiction or the validity of the Receiver’s actions.

Wilkins’ clarification directly counters Cape’s use of his opinion to bolster their argument in the British courts. It aligns with South Carolina’s position and reaffirms the legitimacy of the Receiver’s work under U.S. law.

The Significance of the Penal Notice

The Penal Notice is more than a legal directive—it’s a bold assertion by Cape and its legal team, including South Carolina-based Womble Bond Dickinson, to intimidate and disrupt South Carolina’s judicial process. However, this tactic has been met with firm resistance:

Reaffirming Jurisdiction: South Carolina courts have unequivocally stated their orders remain enforceable, regardless of foreign interference.
Defending Victims’ Rights: The notice underscores the court’s commitment to ensuring justice for asbestos victims, who have suffered due to Cape’s decades of negligence.
Challenging Corporate Tactics: The response to the notice sets a precedent for countering corporate attempts to evade accountability through international jurisdictions.

Broader Implications

This case highlights the growing need for judicial systems to address the challenges of corporate accountability in a globalized world. The British court’s actions, driven by Cape’s calculated strategies, have ignited a critical debate about the balance of power between national and international legal systems.

For the South Carolina judiciary, the Penal Notice represents both a challenge and an opportunity—to reaffirm the rule of law, protect its jurisdiction, and ensure that corporations like Cape cannot escape justice.

Moving Forward

The British High Court’s issuance of a Penal Notice targeting the South Carolina Receiver and his legal team marks an alarming overreach into U.S. jurisdiction. Adding to the controversy is the involvement of South Carolina law firm Womble Bond Dickinson, which has supported Cape’s attempts to undermine American courts and shield itself from liability.

This case underscores the critical challenge of countering international interference in U.S. legal proceedings. The South Carolina judiciary, bolstered by the Receiver and clarified statements from former Judge Wilkins, remains firm in its pursuit of justice for asbestos victims. The British court’s threats of criminal prosecution escalate this conflict into a critical test of judicial integrity and corporate accountability. For more background on this developing story, you can read our previous reports from October and earlier this week. The Post and Courier also recently published an in-depth look into the case.