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GB 249 OEDA/E/6/2 · Dossiê/Processo · 1977-2003
Parte de Occupational and Environmental Diseases Association (William Ashton Tait) Archives

Correspondence and papers relating to Nancy Tait's campaign to question Dr Kevin Browne's suitability as Medical Officer of the Department of Health and Social Security, whilst serving at the same time as medical consultant for Cape Industries. In reverse chronological order. In Tait's own words (20 September 1994), she had "waged war on Kevin Browne's appointment since 1987". Includes:

  • correspondence (in particular with MP Frank Dobson), press statements, newspaper articles, Parliamentary Questions, 1986-1988
  • correspondence with Kevin Browne 1983

Further,

  • Tait’s notes on chrysotile c.2003, listing of SPAID/OEDA lung cancer cases
  • copy of Browne’s presentation ‘Differences in asbestos fibre types’, presented at the International Conference on Chrysotile Asbestos Cement Products, New Delhi, 10-11 November 2003
  • correspondence re K Browne 1987-1995, including re his deposition in Chase Manhattan Bank v. T&N plc et al., United States District Court, Southern District of New York [1994]; see link below
  • copy of Cape Industry advertisement for a Group Medical Advisor, in British Medical Journal, October 1977
  • copies of scientific publications relating to asbestos induced diseases 1977-1994
Correspondence with Members of Parliament 1975-1998
GB 249 OEDA/E/2/1 · Dossiê/Processo · 2002
Parte de Occupational and Environmental Diseases Association (William Ashton Tait) Archives

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
Asbestos monitoring, Barking
GB 249 OEDA/G/2/2/2 · Dossiê/Processo · 1978-2007
Parte de Occupational and Environmental Diseases Association (William Ashton Tait) Archives

Papers, press clippings, and photographs relating to asbestos in the London Borough of Barking and Dagenham.
Includes:
-brief notes relating to asbestos cases in Barking
-some handwritten research notes about topics such as asbestos found in Barking and waste disposal procedures
-correspondence about Barking cases of asbestos and the Cape factory
-a lot of notes and correspondence about a case of asbestos contaminated soil in Whiting Avenue, 1978
-papers relating to Barking Community Health Council
-correspondence (chiefly with Margaret Sharkey) and telephone memoranda
-press clippings

Anthony Coombs, 1993-2005
GB 249 OEDA/F/5/2 · Dossiê/Processo · 1993-2005
Parte de Occupational and Environmental Diseases Association (William Ashton Tait) Archives

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.

GB 249 OEDA/F/5/9 · Dossiê/Processo · 2002-2006
Parte de Occupational and Environmental Diseases Association (William Ashton Tait) Archives

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
'A small town tragedy' (1982)
GB 249 FLYNN/2/1/1 · Item · 1981-1996
Parte de Laurie Flynn papers on the asbestos industry

Correspondence and papers re and arising from Granada Television's World in Action (WIA) documentary ‘A small town tragedy’ (1982), investigating the refusal of British company Cape Industries Ltd to pay compensation awarded against them in an American court of law to workers of their North American subsidiary company in Bloomington, Illinois. The transmission of ‘A small town tragedy’ brought Flynn in contact with a number of American tort lawyers.

Includes (in reverse chronological order):

  • correspondences with American lawyers, among them Hayden S Dent, and Steven Loble of Oppenheimers, London, 1983-1996
  • transcripts of cross-examinations of Anthony John Penna & W R Bernays (14 + 15 March 1988), in Jimmy Wayne Adams et al. v. Cape Industries & Capasco Ltd, High Court of Justice, London
  • draft article by Flynn on Cape Industries having found a new and formidable opponent in the US government
  • responses to WIA programme 'A small town tragedy' (transmitted 5 July 1982): Granada Television internal notes and memoranda re the legality of the programme, press reaction to the programme, Cape complaint to the Independent Broadcasting Authority
  • production documents (Flynn's research notebook, script of the documentary, interview transcripts)

Also includes Flynn's pitch for a programme (or an article on the history of company awareness of the dangers posed by asbestos), c.1981, and correspondence with Charles Patrick and Ron Motley, 1981, both tort lawyers in South Carolina who sued a subsidiary of international asbestos giant Turner & Newall.

GB 249 FLYNN/2/3/4 · Item · 1979-1981
Parte de Laurie Flynn papers on the asbestos industry
  • deposition of Joan Holtze (12 April 1979 ), in Geraldine Ellenburg v. NAAC et al., Circuit Court of the Eleventh Judicial Circuit, County of McLean, Illinois
  • deposition William S Haines (8 May 1980), in Charlotte Hammond vs Cape Industries & NAAC; and Delora Stewart v. EGNEP et al., Circuit Court of McLean County, Illinois, General Division
  • deposition of Max E Meyer (24 March 1981), in Anthony A Barber et al. v. Pittsburgh Corning et al., Court of Common Pleas of Allegheny County, Pennsylvania

Joan Holtze was the secretary and assistant treasurer at the North American Asbestos Corporation.
William S Haines was a former chairman of Safety & Claims Services Inc., which did work for Union Asbestos & Rubber Company.
Max E Meyer was a lawyer employed by Lord, Bissell & Brook, who represented Cape Asbestos.

GB 249 FLYNN/2/2/9 · Item · 1995
Parte de Laurie Flynn papers on the asbestos industry
  • 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.

Press coverage, NAAC corporate seal
GB 249 FLYNN/2/2/12 · Item · 2003-2005, n.d.
Parte de Laurie Flynn papers on the asbestos industry
  • 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.

GB 249 FLYNN/1/2/6 · Item · 1979-1997
Parte de Laurie Flynn papers on the asbestos industry
  • deposition of Dr Ian Webster (12 November 1996), in Asbestos Personal Injury Cases, Arrington Lead, Civil Action No 93-9-114, Circuit Court of Jones County, Mississippi. Deposition taken in Johannesburg, South Africa. Webster was senior pathologist at the National Centre for Occupational Health, Johannesburg, South Africa

  • deposition of Anthony Mendelle (13 November 1984), in Darlene Smith v. Pittsburgh Corning Corp, PPG Industries Inc., Cape Industries Ltd, Cape Asbestos Fibers Ltd, Cape Boards & Panels Ltd etc., Court of Common Pleas, Allegheny, Pennsylvania. Mendelle was products manager (1956-1960) and production manager (1960-1968) at Cape Asbestos Company Ltd, Barking, UK

  • deposition of Malcom George King (24 September 1979), in [unidentified court case], UK. King had been employed by CSR Ltd, Sydney, a building products company in Australia and New Zealand, since 1933

Includes covering correspondence from Robert Blackwell (research assistant to Hayden S Dent, attorney), 20 May 1997

Miners' compensation / Leigh Day case origins
GB 249 FLYNN/1/1/3 · Item · 1994-2005
Parte de Laurie Flynn papers on the asbestos industry

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)
South Africa
GB 249 DAL/8/27/15 · Dossiê/Processo · 1997 - 2003
Parte de Alan Dalton papers

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
'You will know us by the trail of death'
GB 249 FLYNN/1/1/1 · Item · 1974-2003
Parte de Laurie Flynn papers on the asbestos industry

Correspondence and news coverage following the out of court settlement in the South African group action brought against Cape plc (formerly Cape Asbestos Company Ltd, from 1974 Cape Industries Ltd) in December 2001, after a 5 year battle. Also earlier notes, correspondence and research materials on the South African asbestos industry. Includes:

  • correspondence with ITV re a film project 'You will know us by the trail of death' (originally outlined in 1988 under the title 'Outrageous misconduct - asbestos as metaphor'; see FLYNN/2/1/3)
  • set of microfiches of Charter Consolidated company papers, filmed 1978
  • Flynn's handwritten notes on his background research c.1980-1982, including on the suppression of the research of the Johannesburg Pneumoconiosis Research Unit
  • correspondence between Richard Creasey (BBC, formerly World in Action) and Anthony Mendelle (employee at Cape Asbestos Company Ltd, Barking 1956-1968) following the BBC documentary 'The right to know', April 1974, re producing a WIA documentary about Cape Asbestos in South Africa. See also Mendelle deposition (1984) at FLYNN/1/2/6. Creasey had conducted the investigation for WIA documentary 'The dust at Acre Mill' (transmitted in June 1971), the first programme to bring the lethal dangers of asbestos to the attention of the general public, on the example of the Acre Mill asbestos factory at Hebden Bridge, Yorkshire.
'Bloomington photostats', 2
GB 249 FLYNN/2/2/7 · Item · 1962-1985
Parte de Laurie Flynn papers on the asbestos industry
  • coroner's report on Edwin W Holland, d. 2 April 1985 (plaintiff’s exhibit)

NAAC correspondence, as follows:

  • 1974-1976 (chiefly between Joan Holtze, NAAC, and J L Sparks, Group Financial Controller of Cape Industries Ltd, London)
  • 1969-1973 (chiefly from and to Charles G Morgan / Joan Holtze (both NAAC) and representatives of Cape Asbestos in the UK, South Africa and subsidiaries elsewhere)
  • 1962-1968: correspondence of Robert E Cryor including minutes of shareholder meetings and meetings of company directors