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Importance of retaining lung tissue samples in asbestosis cases (Matthews v Collins)

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Published on: 16 October 2013

Published by a LexisNexis PI & Clinical Negligence expert

Table of contents

Practical implications
Court details
Facts
Should the claimant's statement of case be struck out?

Article summary

Personal Injury Analysis: An application by defendants to strike out an asbestosis claim on the grounds that the failure of the claimant to retain lung tissue samples of her deceased husband amounted to an abuse of process or was otherwise likely to obstruct the just disposal of the proceedings has been dismissed by the High Court. Neither the claimant nor her solicitors were held to be blameworthy for the lung tissue samples being disposed of and there was sufficient other evidence to enable a fair trial to take place.

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