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Correspondence and papers (chiefly papers) relating to the Cape Asbestos Fund. Includes successive proposals 'for a scheme of arrangement in respect of asbestos liabilities’.

Flynn's listing of his personal papers on Cape Industries.

• press coverage 2003-2005 including 'Bloomington woman awarded $5 million in wrongful death asbestos suit', 2005
• Flynn's notes on NAAC/Cape, sample of NAAC corporate seal.

Remaining content exactly duplicated material listed at GB 249 FLYNN/2/2/8 and has therefore been removed.

Correspondence with John Pickering & Partners LLP, organised by topic:

• shipping
• compensation (including re compensation bill 2005)
• Cape plc (re group action against the company on behalf of South African miners)
• fibre counts
• the Fairchild judgement
• Association of British Insurers (ABI); includes copy of ABI's ‘Guidelines for apportioning and handling employers liability mesothelioma claims’ (2003)
• restructuring of Zurich Insurance Company
• T&N, including correspondence with the administrators of T&N

Correspondence with Members of Parliament, in alphabetical order by surname. With a listing of MPs (dated 2002) at the front of the file.

Covers a wide range of topics including

• Parliamentary Questions (PQs) relating to occupational and environmental health & safety, DHSS/DSS policies, DHSS/DSS procedures, DHSS/DSS leaflets and DHSS/DSS shortcomings
• Dr Kevin Browne's dual role as Cape Asbestos consultant and medical officer at DHSS medical boarding center for respiratory diseases
• constituents who happen to be also be SPAID/OEDA clients

Correspondence and papers on asbestos in South Africa, including compensation claims against Cape plc by South African workers. Includes:

• photographs of demonstration
• press cuttings
• Action for Southern Africa (ACTSA) leaflets and newsletters

• copy of affidavit of J L Sparkes, consultant to Cape plc and formerly the Company Secretary of Cape plc
• copy of Kevin Browne's discussion of [ ], notably re the grounds for the allegation that Cape should be held responsible for Mr [ ]'s mesothelioma

• Plaintiff’s memorandum of law (in re asbestos personal injury cases, Arrington Lead No 93-9-114 et al.) in opposition to Charter’s motion to dismiss the second amended complaint for lack of personal jurisdiction, submitted by Hayden S Dent, 6 December 1995, in the Circuit Court of Jones County, Mississippi, Second Judicial District

Argues among other things that at all times Charter and its predecessor Central Mining controlled Cape's mining operations in South Africa and that therefore the corporate distinction between the two companies should be disregarded and Charter should assume Cape's contacts with the State of Mississippi. Further, that the Court should disregard the corporate veil between Cape and Charter because Cape had introduced into the marketplace a product which it knew would be dangeous to the end user. Etc.

Correspondence chiefly with personal injury lawyer Richard Meeran of Leigh Day & Co solicitors, 1994-2001. Relates to case Afrika et al. v. Cape plc and its argument that a parent company owes a direct duty of care in tort to anybody injured by a subsidiary company in a group. Includes:

• press coverage 2004-2005
• joint asbestos initiative paper of the International Miners Organisation, African Miners Federation, National Union of Mineworkers, and Leigh Day & Co solicitors
• copy of opinions of the Lords of Appeal for Judgement in the cause of Schalk Willem Burger Lubbe et al. v. Cape plc (2000)
• copy of judgement Rachel Jacoba Lubbe & Ors v. Cape plc (1999)
• Flynn's notes on a meeting on foreign plaintiffs and access to English courts in transnational litigation, British Institute of International and Comparative Law and Solicitors' Human Rights Group, November 1999
• copy of judgement Moses Fano Sithole et al. v. Thor Chemical Holdings Ltd et al. (1998)
• copy of draft judgement Rachel Jacoba Lubbe & Ors v. Cape plc (1998)
• copy of judgement Rachel Jacoba Lubbe et al. v. Cape plc (1997)
• copy of opinions of the Lords of Appeal for Judgement in the cause of Connelly v. RTZ Corporation plc et al. (1997)
• copy of affidavit John Carol Anthony Davies in Rachel Jacoba Lubbe et al. v. Cape plc (1997)
• copy of affidavit Richard Meeran in Rachel Jacoba Lubbe et al. v. Cape plc (1997)
• copy of consolidated statement of claim, Busisiwe Ngcobo et al. v. Thor Chemicals Holdings Ltd et al. (1995)
• copy of judgement Edward Connelly v. RTZ Corporation plc (1996)

Correspondence with Anthony Coombs of John Pickering & Partners LLP, in reverse chronological order. Covers current cases, T&N bankruptcy, Anthony Mendelle as witness on Cape Asbestos in Barking, pleural plaques, OEDA finances. Also includes

• copy of reasons for judgement in Frederick Price v. Powergen plc (1998)
• draft of John Pickering & Partners brochure on asbestos compensation in the UK (1997), written specifically for Australian audiences
• John Pickering & Partners brochures on compensation for personal injury, 1996

For subsequent correspondence with Coombs, see link below.

Background research on companies and their insurers, in alphabetical order chiefly by name of employer or their insurer. Occasionally also by first letter of subject of inquiry (e.g. 'Power stations', 'hair driers', 'printing works'). Includes:

• solicitor’s correspondence, client correspondence, press reports, notes, copies of ‘British asbestos newsletter’ with annotations re cases
• final report by F D Pooley [n.d.] 'Observations on the exposure of gas mark workers at the Boots plant'
• copy of judgement in James Kelly (administrator of the estate of Patrick John Kelly, deceased) v. Smith & Partners Ltd, High Court of Justice, Queen’s Bench Division, 2000
• judgement in Rachel Lubbe et al. v. Cape plc, Supreme Court of Judicature, Court of Appeal (Division), 1999
• annotated photocopy of '67th annual report of National Amalgamated Stevedores and Dockers for [...] 1964'
• advice by Timothy Grice in Brian Jerrard v. Ministry of Defence, 1996
• note on matter of Mr Edward James Patrick Russell v. Post Office, 1992
• copy of opinion of Lord Cameron of Lochbroom in cause Margery Patricia Cook or Rennie v. Upper Clyde Shipbuilders Ltd et al., 1993

• mainly witness statements, arranged alphabetically by name of employer, occasionally also by surname of client or type of business (“dockyard”)
• occasionally particulars of claim

Named employers / insurers include: British Cellophane Ltd, British Insulated Calender Cables (BICC), British Telecommunications plc, Cape plc, Central Insulated Ltd, Central Electricity Generating Board (CEGB), Ellistown Colliery, Ford Motor Company, R B Hilton Ltd, Imperial Chemical Industries (ICI), North Thames Gas, C A Parsons, Powergen Ltd, Rank Xerox, Redpath Brown, RTZ Estates Ltd, E A & H Sandford (Insulations) Ltd, etc.

Front matter includes guidelines for witness statements (‘Information which solicitors will require from colleagues’).

• correspondence and papers re Rita Ann Ashdown, mesothelioma victim, who had lived in a Council flat on the Harts Lane Estate in Barking, the former site of a Cape Asbestos factory. Includes particulars of claim Rita Ann Ashdown v. London Borough of Barking and Dagenham, 2002; press coverage 2001-2003
• correspondence and papers re Barbara Ann Mead, d. 2002 of mesothelioma: transcript of coroners proceedings
• correspondence and papers re Barking, 1993-2001, including telephone memoranda, solicitors’ correspondence and press coverage
• copy of a report by Dr Kevin Browne, 25 January 1995, on a recent claim brought against Cape by a Barking resident
• correspondence with Peter Brady, Dublin, 1986, on his own case against Cape, including photocopy of minutes of a meeting of directors of Cape Insulation (Ireland) Ltd, 1977
• SPAID correspondence re Barking 1983-1986
• articles on SPAID‘s work 1984-1985, typescript of case notes Homerton University Hospital, Hackney, from Nancy Tait’s presentation (with Dr V J Harvey), ‘Mesothelioma patients referred to Hackney Hospital – a preliminary report’, Anglo-French Social Medicine conference, Winchester, 1983
• reports (1983) on safety arrangements at Cape Asbestos, Barking, and copies of related records 1956-1968, received through Anthony T Mendelle via litigator Richard Meeran. Including photocopies of Cape Asbestos Barking Factory Annual Report 1961 & 1962, also report on a visit to Cape subsidiary plants in the USA (n.d.). Mendelle was products manager (1956-1960) and production manager (1960-1968) at Cape Asbestos Company Ltd, Barking

Correspondence with James Walker including copies of:

• opinion of Justice McMorrow (filed 21 October 1999), in Delores McLure v. Owens Corning Fiberglass Corporation, Illinois Supreme Court
• Dr Schepers' response to Dr Case "regarding personal motives, state of the art, and Canadian workers comp[ensation] system", January 1999
• opinion of the court (filed 11 August 1998), in Delores McLure v. Owens Corning Fiberglass Corporation, Fourth District, Illinois
• opinion of the court (filed 29 May 1998), in Marge Cameron v. Owens Corning Fiberglass Corporation et al., Appellate Court, Illinois
• opinion of the court (filed 23 November 1994), in Samuel Thomas Adcock v. Brakegate Ltd et al., presumably McLean County, Illinois
• opinion of the court (filed 31 March 1988), in Clarence Craig and Duveen A Craig v. Lakes Asbestos of Quebec Ltd et al. v. Charter Consolidated plc et al., US Court of Appeals for the Third Circuit, reversing district court view that Charter Consolidated plc was liable under New Jersey law for the tort obligations of its subsidiary Cape Industries plc on an alter ego or piercing the corporate veil theory
• court's findings (12 September 1983), in Elmer Allen et al. v. PPG Industries Inc. et al., District Court, Eastern District of Texas, Tyler Division, following non-appearance of the defendants Cape Industries plc, Capasco Ltd and Egnep Ltd
• opinion of the court (filed 1 July 1983), in Anthony A Barber v. Pittsburgh Corning Corporation et al., appeal of Charter Consolidated Ltd et al., Supreme Court of Pennsylvania
• Flynn's aide memoir re Charter deposition, 15 April 1983
• North American press coverage c.1965 to 1984, inc. copies of ‘Asbestos Litigation Reporter’ 1981 and photocopies of correspondence relating to asbestos industry and/or disease

Some components announced in the inscription (Selikoff 1977 interview, Steve McQueen notes, IHP notes to J Todd) not found. Components 'Brodeur' and 'LF 1982/US notes' transferred to FLYNN/2/1.