Turner & Newall: Early organizational responses to litigation risk

Journal of Law and Society

Volumn 24, Issue 2, 1997, Pages 252-275

  Wikeley, Nick ^a  

^a UNIVERSITY OF SOUTHAMPTON   (United Kingdom)

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EID: 0031158762     PISSN: 0263323X     EISSN: None     Source Type: Journal    
DOI: 10.1111/1467-6478.00045     Document Type: Article

References (142)

1. S. Hutchings, J. Jones, and J. Hodgson, 'Asbestos-related Diseases' in Occupational Health Decennial Supplement, ed. F. Drever (1995) 127.
2. See, further, N. Wikeley, Compensation for Industrial Disease (1993) ch. 2.
3. B. Castleman, Asbestos: Medical and Legal Aspects (1990, 3rd ed.) 145-6.
4. See W. Felstiner and R. Dingwall, Asbestos Litigation in the United Kingdom - An Interim Report (1988) 5.
5. Manchester District Registry of the High Court, 1950 Letter K No. 5685. I am indebted to Michael O'Connor and his colleagues at the Chase Manhattan Bank for access to Turner & Newall's archival material. This case would probably never have come to light were it not for the extensive discovery procedures instituted by the plaintiffs in Chase Manhattan Bank v. T & N pic (US District Court, Southern District of New York). The bank's property damage suit against Turner & Newall (in respect of the supply of asbestos installed in its New York headquarters), in which compensatory damages of $85 million and punitive damages of $100 million were sought, was dismissed following a jury trial: Financial Times, 8 December 1995.
6. See Annual Report of the Chief Inspector of Factories and Workshops for 1898 (1900; Cd. 27) 171-2; see, further, Wikeley, op. cit., n. 2, ch. 6.
7. See Annual Report of the Chief Inspector of Factories and Workshops for 1898 (1900; Cd. 27) 171-2; see, further, Wikeley, op. cit., n. 2, ch. 6.
8. See M. Greenberg, 'The Montague Murray Case' (1982) 3 Am. J. of Industrial Medicine 351 and 'Knowledge of the Health Hazard of Asbestos Prior to the Merewether Price Report of 1930' (1994) 7 Social History of Medicine 493.
9. See M. Greenberg, 'The Montague Murray Case' (1982) 3 Am. J. of Industrial Medicine 351 and 'Knowledge of the Health Hazard of Asbestos Prior to the Merewether Price Report of 1930' (1994) 7 Social History of Medicine 493.
10. W.E. Cooke, 'Fibrosis of the lungs due to inhalation of asbestos dust' (1924) 2 Brit. Medical J. 147 and (1927) 2 Brit. Medical J. 1024; see, further, I. Selikoff and M. Greenberg, 'A Landmark case in Asbestosis' (1991) 265 J. of Am. Medical Association 898.
11. W.E. Cooke, 'Fibrosis of the lungs due to inhalation of asbestos dust' (1924) 2 Brit. Medical J. 147 and (1927) 2 Brit. Medical J. 1024; see, further, I. Selikoff and M. Greenberg, 'A Landmark case in Asbestosis' (1991) 265 J. of Am. Medical Association 898.
12. W.E. Cooke, 'Fibrosis of the lungs due to inhalation of asbestos dust' (1924) 2 Brit. Medical J. 147 and (1927) 2 Brit. Medical J. 1024; see, further, I. Selikoff and M. Greenberg, 'A Landmark case in Asbestosis' (1991) 265 J. of Am. Medical Association 898.
13. E.R.A. Merewether and C.W. Price, Report on Effects of Asbestos Dust on the Lungs and Dust Suppression in the Asbestos Industry (1930). Merewether was one of H.M. Medical Inspectors of Factories and Price an Engineering Inspector.
14. id., p. 4. The general rate of incidence of lung fibrosis was rather less than one in eight. When those who had less than five years' employment were excluded, the incidence of asbestosis rose to rather less than one in three. After twenty years, four out of five of those still in the industry had contracted asbestosis. See further Wikeley, op. cit., n. 2, pp. 97-102.
15. id., p. 4. The general rate of incidence of lung fibrosis was rather less than one in eight. When those who had less than five years' employment were excluded, the incidence of asbestosis rose to rather less than one in three. After twenty years, four out of five of those still in the industry had contracted asbestosis. See further Wikeley, op. cit., n. 2, pp. 97-102.
16. Silicosis and Asbestosis (Medical Arrangements) Scheme 1931 (S.I. 1931 no. 341); workers suffering from asbestosis could be suspended from working in scheduled areas.
17. Asbestos Industry (Asbestosis) Scheme 1931 (S.I. 1931 no. 344). The occupations eligible for compensation were slightly wider than those liable to medical examinations; see Wikeley, op. cit., n. 2, pp. 102-10.
18. Asbestos Industry (Asbestosis) Scheme 1931 (S.I. 1931 no. 344). The occupations eligible for compensation were slightly wider than those liable to medical examinations; see Wikeley, op. cit., n. 2, pp. 102-10.
19. Asbestos Industry Regulations 1931 (S.I. 1931 no. 1140); see N. Wikeley, 'The Asbestos Regulations 1931: A Licence to Kill?' (1992) 19 J. of Law and Society 365 and 'Measurement of Asbestos Dust Levels in British Asbestos Factories in the 1930s' (1993) 24 Am. J. of Industrial Medicine 509.
20. Asbestos Industry Regulations 1931 (S.I. 1931 no. 1140); see N. Wikeley, 'The Asbestos Regulations 1931: A Licence to Kill?' (1992) 19 J. of Law and Society 365 and 'Measurement of Asbestos Dust Levels in British Asbestos Factories in the 1930s' (1993) 24 Am. J. of Industrial Medicine 509.
21. Asbestos Industry Regulations 1931 (S.I. 1931 no. 1140); see N. Wikeley, 'The Asbestos Regulations 1931: A Licence to Kill?' (1992) 19 J. of Law and Society 365 and 'Measurement of Asbestos Dust Levels in British Asbestos Factories in the 1930s' (1993) 24 Am. J. of Industrial Medicine 509.
22. New opportunities were opened up by Wilsons & Clyde Coal Co. Ltd. v. Wilson [1938] A.C. 57, which established the employer's paramount duty to provide a safe system of work: see, generally, P. Bartrip, Workmen's Compensation in Twentieth Century Britain (1987) 222-3.
23. These are discussed in more detail in Wikeley, op. cit., n. 2, pp. 37-41; see, also, Bartrip, id., p. 110.
24. These are discussed in more detail in Wikeley, op. cit., n. 2, pp. 37-41; see, also, Bartrip, id., p. 110.
25. See W. Felstiner, R. Abel, and A. Sarat, 'The Emergence and Transformation of Disputes: Naming, Blaming, Claiming . . .' (1981) 15 Law and Society Rev. 631 and T. Durkin, 'Constructing Law: Comparing Legal Action in the United States and United Kingdom' (PhD thesis, University of Chicago, 1994).
26. See W. Felstiner, R. Abel, and A. Sarat, 'The Emergence and Transformation of Disputes: Naming, Blaming, Claiming . . .' (1981) 15 Law and Society Rev. 631 and T. Durkin, 'Constructing Law: Comparing Legal Action in the United States and United Kingdom' (PhD thesis, University of Chicago, 1994).
27. 17 At the time of the Merewether and Price report, there were an estimated 2,200 asbestos factory employees. Textile workers were particularly at risk as they operated a dry process, which increased dust levels, whereas other forms of asbestos manufacture were more likely to use wet processes.
28. J. Peto, J. Hodgson, F. Matthews, and J. Jones, 'Continuing increase in mesothelioma mortality in Britain' (1995) 345 The Lancet 535.
29. See Margereson and Hancock v. J. W. Roberts Ltd., C.A., unreported, 2 April 1996, and J. Steele and N. Wikeley 'Dust on the Streets and Liability for Environmental Cancers' (1997) 60 Modern Law Rev. 264.
30. Asbestosis normally takes 15-25 years to manifest itself, lung cancer 15-35 years and mesothelioma 15-50 years. These figures are only averages: according to one report, a woman who had lived close to the Leeds factory operated by J.W. Roberts, a Turner & Newall subsidiary, died of mesothelioma 70 years later (Independent, 2 September 1994).
31. See Cartledge v. E. Jopling & Sons Ltd. [1963] A.C. 758 and the Limitation Act 1963.
32. For the official and somewhat sanitized account, see L.T.C. Rolt, Turner & Newall Limited: The First Fifty Years 1920-1970 (1970).
33. In the years that followed, Turners inevitably came to dominate Rochdale; the second Samuel Turner was Mayor of Rochdale from 1901-1903 and was knighted in 1914, and his brothers John Turner and Robert Turner both served as Mayor, in 1895-1897 and 1915-1917 respectively. This dynastic tradition was continued by Robert Turner's son, the third Samuel Turner (1878-1955), who was made an Honorary Freeman of Rochdale in 1937 and knighted the following year. The citation on Turner's scroll read: 'Mainly through Mr Turner's efforts . . . Rochdale has become a centre of a world-wide business undertaking, which has contributed in no small measure to the prosperity of the town' (id., n. 22, p. 26).
34. See D. Ozonoff, 'Failed Warnings: Asbestos-Related Disease and Industrial Medicine' in R. Bayer (ed.), The Health and Safety of Workers (1988) 143-5.
35. In 1942 there were 2,373 TBA employees, double the number in 1931: TBA Asbestosis Analysis 1931-1942 (undated).
36. 'The Changing Face of Asbestos' Economist, 4 November 1961, 478.
37. 'Turner & Newall's future is shrouded in asbestos dust' Economist, 18 September 1982, 86.
38. Monopolies Commission, Asbestos and certain Asbestos Products, H.C. (1972-73) 3.
39. G. Foster, 'Turner & Newall's Tough Turnabout' Management Today, July 1984, 59-65, 118, and 121.
40. Alice Jefferson had worked for Turner & Newall's chief domestic competitor, Cape Asbestos, at its Hebden Bridge factory. See Jefferson v. Cape Insulation Ltd. (1981) in Kemp and Kemp, The Quantum of Damages, at F2-020 and F2-100.
41. N. Pollitt, 'Licence to kill renewed' New Statesman, 27 August 1982, 6-7.
42. Turner & Newall Board Minutes, 25 June 1931, minute no. 1189.
43. The first, Compensation Fund 'A', was to meet claims by or on behalf of workers in scheduled jobs who were subject to periodic medical examinations. This was to be funded by contributions from all associated companies at the rate of £7 10s 0d. per cent of the total wages paid to the affected employees. The second, Compensation Fund 'B', was to meet claims by those who were not subject to medical examinations but who were entitled to claim compensation under the 1931 scheme if they developed asbestosis. The proportionate contribution rate from group companies for this smaller fund was £2 10s. 0d: Turner & Newall Asbestosis Conference Minutes, 6 October 1931, 1-2.
44. id., p. 5.
45. Correspondence between Turner & Newall and Midland Employers' Mutual Assurance Ltd, 8 and 11 January 1932.
46. Letter from Royal Insurance Co Ltd to Turner & Newall, 23 February 1932. This prompted a tart response from Turner & Newall: 'Under the circumstances I do not think we shall have to put you to any trouble in connection with quoting for our Employers Liability risk on the occasion of it falling due for renewal in the near future' (letter, 24 February 1932).
47. Undertaking given by the Commercial Union to Turner & Newall, 9 March 1932.
48. Turner & Newall Board Minutes, 29 October 1931, minute no. 1301.
49. This claim was made by the dependents of one J.T. Oddie, who had been employed by J.W. Roberts Ltd. The total settlement was £303 2s. 0d.: Minutes of the Asbestosis Committee, 28 June 1932, minute no. 26, p. 21.
50. For example, W.B. Wood and S.R. Gloyne, 'Pulmonary Asbestosis Complicated by Pulmonary Tuberculosis' (1931) The Lancet (part 2) 954.
51. Minutes of Asbestosis Committee, 18 January 1933, minute no. 53, 42-3.
52. id., p. 43. A letter was duly sent to the Home Office on 20 January 1933, but no reply has been traced.
53. On the background to the final version of regulation 12 of the Asbestos Industry Regulations 1931, see Wikeley, op. cit. (1992), n. 13, pp. 369-71.
54. Report by Mr W. Davies, dated 21 March 1932. It is worth noting that the requirements of the 1931 health and safety standards, although in retrospect wholly inadequate, presented Turner & Newall with a substantial capital investment. Most of this cost was borne by TBA, reflecting the size of the workforce at TBA and the relatively high proportion of their employees affected by the new arrangements, as compared with other group companies. Yet even this was turned to the group's potential commercial advantage, as it was anticipated that one effect of the 1931 legislation might be to improve the group's market share by squeezing out smaller competitors: Turner & Newall Asbestosis Conference Minutes, 6 October 1931, 6. For discussion of how regulatory requirements can reinforce the market dominance of larger corporations, see P. Yeager, The Limits of Law (1991) 28-9 and 42.
55. Report by Mr W. Davies, dated 21 March 1932. It is worth noting that the requirements of the 1931 health and safety standards, although in retrospect wholly inadequate, presented Turner & Newall with a substantial capital investment. Most of this cost was borne by TBA, reflecting the size of the workforce at TBA and the relatively high proportion of their employees affected by the new arrangements, as compared with other group companies. Yet even this was turned to the group's potential commercial advantage, as it was anticipated that one effect of the 1931 legislation might be to improve the group's market share by squeezing out smaller competitors: Turner & Newall Asbestosis Conference Minutes, 6 October 1931, 6. For discussion of how regulatory requirements can reinforce the market dominance of larger corporations, see P. Yeager, The Limits of Law (1991) 28-9 and 42.
56. Minutes of the Asbestosis Committee, 28 June 1932, minute no. 33, 27.
57. id., minute no. 29, pp. 25-6. A memorandum from Mr Bussy (TBA) to Mr R. Turner (Turner & Newall) of 29 April 1932, having referred to the hardship caused by the insurers' practice, commented:
58. Wikeley, op. cit. (1992), n. 12, pp. 367-9.
59. The one exception was a small firm with only three or four affected employees: Minutes of Meeting of Asbestos Manufacturers, 28 June 1932.
60. Letter from George MacLellan & Co. Ltd. to Turner & Newall, 2 May 1933.
61. Minutes of the Asbestosis Committee, 2 May 1933, minute no. 77.
62. Correspondence between Turner & Newall and Bowring & Co. (Insurance) Ltd., 21 and 22 February and 1 March 1934.
63. See n. 33 above.
64. Report on the Asbestosis Fund, 3 February 1937.
65. Turner & Newall Board Minutes, 17 February 1937, minute no. 3021.
66. Turner & Newall Board Minutes, 15 December 1939, minute no. 4187.
67. Report on the Asbestosis Fund for the year to 30 September 1948.
68. Turner & Newall General Administrative Regulations (1947), Insurance, 9.
69. Turner & Newall Board Minutes, 22 June 1950, minute no. 9004.
70. In January 1950, shortly before Kelly v. Turner & Newall Ltd., a claim was made by a Scottish employee of TAC, 'but, as nothing has been heard about it since Mr Collins repudiated liability in January 1950, it would appear that the claim has been abandoned' (Turner & Newall Board Minutes, 23 November 1950, minute no. 9188).
71. During this period labour market participation by married women in the Lancashire textile industry was about three times the national average: D. Gittins, Fair Sex: Family size and structure 1900-1939 (1982) 95-6.
72. She left TBA in October 1941 to look after her husband, who had been invalided out of the Army. From late 1941 until October 1942 she worked in a munitions factory. Colin Dockerty died in November 1942.
73. Minutes of the quarterly branch meeting of the Rochdale branch of the NUGMW, 21 October 1948, G/NUGMW/1/6, held at Greater Manchester County Record Office. Although this minute does not name the member concerned, it is entirely consistent with an account independently supplied to the author by Mrs Dockerty's youngest sister. The matter does not appear to have been followed up by the local branch.
74. The description is by Mrs Dockerty's youngest sister: personal communication, 24 July 1995.
75. Report on Inquest by Dr J Knox, undated.
76. For some years TBA had been represented at inquests relating to members of their workforce. In July 1943 the TBA board agreed to instruct counsel on a general retainer to represent the company at inquests, the main purpose being 'to restrain the Coroner from fostering the local prejudice against employment in the asbestos industry and . . . to emphasise the preventive measures which have been adopted and the large extent to which these preventive measures have been successful' (instructions to counsel from Jackson & Co, 1943).
77. Death notice Rochdale Observer, 25 February 1950.
78. Report dated 27 February 1950.
79. D. Rosner and G. Markowitz, Deadly Dust: Silicosis and the Politics of Occupational Disease in Twentieth Century America (1991) 64.
80. Letter from Mr G. Chadwick, TBA personnel director, to Mr N. Morling, TBA works director, 23 February 1950.
81. Letter from Dr J. Egan, senior member, Manchester PMP, to Dr A.S. Coupe, coroner, 15 March 1950.
82. Letter from Mr G. Collins (Jackson & Co.) to Mr Morling (TBA), 24 March 1950. The nice irony is that by the time of this meeting the coroner would presumably have received the PMP's report that asbestosis had been a contributory factor in Nora Dockerty's death.
83. 'I got the impression that the Coroner was very anxious indeed to avoid a clash of medical testimony'; id.
84. The account that follows is based on an interview with Mrs Irene Taylor, Nora Dockerty's sister.
85. Personal communication, 24 July 1995.
86. The union's solicitors' own files on the case have been destroyed, so these statements are no longer available: Whittles, personal communication, 21 September 1992.
87. Letter from Whittle, Robinson & Bailey to TBA, 19 May 1950.
88. Letter from Turner & Newall to Whittle, Robinson & Bailey, 25 May 1950.
89. Letter from Turner & Newall to Whittle, Robinson & Bailey, 6 June 1950.
90. Letter from Mr J. Collins (Turner & Newall) to Mr Morling (TBA), 16 June 1950. The case was mentioned at the board meeting on 22 June 1950 as 'a difficult case and has some unsatisfactory features': minute no. 9004.
91. Memorandum from Mr J. Collins (Turner & Newall) to Mr Morling (TBA), 4 August 1950.
92. Letter from Whittle, Robinson & Bailey to Turner & Newall, 15 November 1950.
93. Letter from Turner & Newall to Whittle, Robinson & Bailey, 17 November 1950.
94. Letter from Mr J. Collins (Turner & Newall) to Mr Morling (TBA), 4 December 1950.
95. Memorandum from Mr Waddell to Mr Morling, 5 February 1951.
96. Letter from Mr Morling to Mr J. Collins, 15 February 1951.
97. Letter from Mr J. Collins to Mr Morling, 16 February 1951.
98. Letter from James Chapman & Co. to Turner & Newall, 16 February 1951.
99. Letter from Mr Brown to Mr J. Collins, 28 February 1951.
100. Letter from Mr Morling to Mr J. Collins, 8 August 1951.
101. Letter from James Chapman & Co. to Turner & Newall, 21 August 1951.
102. Letter from Mr Williams (Turner & Newall) to Mr Morling (TBA), 27 August 1951. On a related issue, see Cape's success in blocking enforcement of default judgments in the United States of America against one of its wholly-owned subsidiaries by invoking the corporate veil argument: Adams v. Cape Industries pic [1990] 2 W.L.R. 657.
103. Report by Mr Brown, 1 October 1951.
104. Later a Justice of the High Court (1960-1968) and a Lord Justice of Appeal (1968-1971).
105. Thomas McDonald, an employee of J.W. Roberts Ltd. in Leeds, died in April 1951 from asbestosis with tuberculosis. He had been employed by the company for just nine years.
106. Letter from James Chapman & Co. to Turner & Newall, 31 October 1951.
107. The Manchester District Registry recorded a formal settlement of the case (1950 K No. 5685) on 28 January 1952.
108. Letter from Mr J. Collins to Commercial Union, 3 August 1948.
109. Turner & Newall internal memorandum, undated.
110. Turner & Newall Board Minutes, 18 November 1948, minute no. 8320.
111. Report on the Asbestosis Fund for the year to 30 September 1949.
112. Memorandum on Employers' Liability Insurance and Asbestosis Common Law Claims, 31 May 1950.
113. Turner & Newall Board Minutes, 22 June 1950, minute no. 9004.
114. Turner & Newall Board Minutes, 23 November 1950, no. 9188.
115. Report on the Asbestosis Fund for the year to 30 September 1951.
116. Turner & Newall Board Minutes, 21 February 1952, minute no. 9731.
117. Report on the Asbestosis Fund for the year to 30 September 1952.
118. Turner & Newall Board Minutes, 22 November 1956.
119. Letters from Turner & Newall to the Commercial Union, 5 February 1958, 29 January 1960, and 17 February 1967.
120. Minutes of meeting dated 17 March 1952.
121. S.I. 1969 no. 690.
122. For a modern empirical account, see H. Genn, Hard Bargaining - Out of Court Settlement in Personal Injury Actions (1987).
123. There is, moreover, an argument that gender affects the chances of a successful compensation claim, whether at common law or under the industrial injuries scheme: see S. Moore and J. Lenaghan, 'Invisible death' New Statesman, 10 February 1995, 16.
124. See, for example, D. Harris et al., Compensation and Support for Illness and Injury (1984).
125. For a valuable discussion, see J. Stapleton, Disease and the Compensation Debate (1986).
126. In the United States of America, neither risk-rating workers' compensation assessments nor imposing tort liability has acted as an incentive to control worker exposure to toxic materials causing diseases with long latency periods: see D. Dewees, 'Economic Incentives for Controlling Industrial Disease: The Asbestos Case' (1986) 15 J. of Legal Studies 289 and 'Prevention and Compensation of Industrial Disease' (1988) 8 International Rev. of Law and Economics 51.
127. In the United States of America, neither risk-rating workers' compensation assessments nor imposing tort liability has acted as an incentive to control worker exposure to toxic materials causing diseases with long latency periods: see D. Dewees, 'Economic Incentives for Controlling Industrial Disease: The Asbestos Case' (1986) 15 J. of Legal Studies 289 and 'Prevention and Compensation of Industrial Disease' (1988) 8 International Rev. of Law and Economics 51.
128. D. Jeremy, 'Corporate Responses to the Emergent Recognition of a Health Hazard in the UK Asbestos Industry: The Case of Turner & Newall, 1920-1960' (1995) 24 Business and Economic History 254, at 264.
129. id.
130. I am grateful to Geoff Tweedale for access to this currently unpublished data.
131. It is not clear from the papers available whether the case was legally-aided or whether the union underwrote the costs which were, in any event, recovered from Turner & Newall. Nora Dockerty's daughter recalls 'going to visit a man called Jimmy Waldron with my grandma and being told he was the union man. I can still see him quite clearly. He was quite short with round glasses and what I would now call an anxious expression' (personal communication, 6 August 1995).
132. An extensive search of both unions' local branch records has revealed just one elliptical comment about the 1931 reforms (see Greenberg, op. cit. (1994), n. 7, pp. 506-7), and no further references to industrial disease. There was, however, a recurring dispute over a 30-year period between the AWA (representing the skilled weavers) and the NUGMW (representing other grades) over the right to organize in the textile mills: see DDX 1123 6/2 351 (list of 83 members of Rochdale Weavers' Association allegedly poached by NUGMW, 1929), DDX 1123 6/2 494 (AWA/NUGMW dispute at Acre Mill, Todmorden in 1940), DDX 1123 6/2 838 (organizational dispute at TBA Hindley Green, 1959), all held at Lancashire Record Office. On the peripheral role of the AWA in the 1931 changes, see Wikeley, op. cit. (1992), n. 13, pp. 371-2.
133. An extensive search of both unions' local branch records has revealed just one elliptical comment about the 1931 reforms (see Greenberg, op. cit. (1994), n. 7, pp. 506-7), and no further references to industrial disease. There was, however, a recurring dispute over a 30-year period between the AWA (representing the skilled weavers) and the NUGMW (representing other grades) over the right to organize in the textile mills: see DDX 1123 6/2 351 (list of 83 members of Rochdale Weavers' Association allegedly poached by NUGMW, 1929), DDX 1123 6/2 494 (AWA/NUGMW dispute at Acre Mill, Todmorden in 1940), DDX 1123 6/2 838 (organizational dispute at TBA Hindley Green, 1959), all held at Lancashire Record Office. On the peripheral role of the AWA in the 1931 changes, see Wikeley, op. cit. (1992), n. 13, pp. 371-2.
134. For example, the JIC argued that 'the issue of a certificate to long service employees virtually amounts to a death warrant, and instances were given particularly of a female employee at Rochdale who had died the previous week-end, largely, in our opinion, through being deprived of her usual work' (Minutes of Visit of JIC Deputation to Home Office, 27 September 1932, 3). A later memorandum reported that 'according to the medical evidence death was due to cancer and asbestosis in no way contributed to her death': Mr F. Bussy (TBA) to Mr R. Turner (Turner & Newall), 10 October 1932.
135. Yeager, op. cit., n. 44, p. 40. See, further, Wikeley, op. cit. (1992), n. 13. On the considerable body of literature devoted to the 'capture theory' of regulatory failure, see A. Ogus, Regulation: Legal Form and Economic Theory (1994) 57-8, 94-5, 106-7.
136. Yeager, op. cit., n. 44, p. 40. See, further, Wikeley, op. cit. (1992), n. 13. On the considerable body of literature devoted to the 'capture theory' of regulatory failure, see A. Ogus, Regulation: Legal Form and Economic Theory (1994) 57-8, 94-5, 106-7.
137. Yeager, op. cit., n. 44, p. 40. See, further, Wikeley, op. cit. (1992), n. 13. On the considerable body of literature devoted to the 'capture theory' of regulatory failure, see A. Ogus, Regulation: Legal Form and Economic Theory (1994) 57-8, 94-5, 106-7.
138. And so a good example of the 'revolving door' phenomenon of traffic in personnel between the regulator and the regulated. See W.G. Carson, The Other Price of Britain's Oil (1982) 174 for a more recent illustration.
139. See Peto et al., op. cit., n. 18, p. 539.
140. See Steele and Wikeley, op. cit., n. 19.
141. For two case studies, see A. Thébaud-Mony, L'Envers des Sociétés Industrielles (1990), on Brazil, and M. Huncharek, 'Exporting Asbestos: Disease and Policy in the Developing World' (1993) 14 J. of Public Health Policy 51, on Thailand.
142. For two case studies, see A. Thébaud-Mony, L'Envers des Sociétés Industrielles (1990), on Brazil, and M. Huncharek, 'Exporting Asbestos: Disease and Policy in the Developing World' (1993) 14 J. of Public Health Policy 51, on Thailand.