Matthews v Collins (t/a Herbert Collins & Sons) & Ors [2013] EWHC 2952 (QB) (04 October 2013)

Matthews v Collins (t/a Herbert Collins & Sons) & Ors [2013] EWHC 2952 (QB) (04 October 2013)

There was no culpable behaviour by the claimant or her solicitors in authorising disposal of lung tissue samples; circumstances do not amount to abuse of process. Despite loss of histopathological evidence, a fair trial remains possible based on available lay and expert evidence. Strike out is not justified.

Citation
[2013] EWHC 2952 (QB)
Parties
Claimant: Mrs Dorothy Clara Florence Matthews; Defendant: Herbert Collins t/a Herbert Collins & Sons; Defendant: Philip Collins t/a Herbert Collins & Sons; Defendant: Urry Structures Limited; Defendant: JA Tolson t/a TWB Construction; Defendant: Tolson Wood Beach (Builders) Limited; Defendant: David Wyndham Morgan t/a Morgans of Usk; Defendant: Mrs Nancy Morgan t/a Morgans of Usk
Jurisdiction
England and Wales
Judgment Date
04 October 2013
Procedural Posture
Strike Out Application / Judgment on Application
Outcome
application dismissed
Legal Topics
Abuse of Process, Asbestos Exposure, Evidence Preservation, Fatal Accidents, Medical Causation
Civil Litigation Personal Injury Industrial Disease Abuse of Process Asbestos Exposure Evidence Preservation Fatal Accidents Medical Causation

Case Brief

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Parties

Mrs Dorothy Clara Florence Matthews

Claimant

Herbert Collins t/a Herbert Collins & Sons

Defendant

Philip Collins t/a Herbert Collins & Sons

Defendant

Urry Structures Limited

Defendant

JA Tolson t/a TWB Construction

Defendant

Tolson Wood Beach (Builders) Limited

Defendant

David Wyndham Morgan t/a Morgans of Usk

Defendant

Mrs Nancy Morgan t/a Morgans of Usk

Defendant

Procedural Posture

Strike Out Application / Judgment on Application

Legal Issues

  1. 1 Whether destruction of lung tissue samples constitutes abuse of process justifying strike out
  2. 2 Whether a fair trial is possible without histopathological evidence
  3. 3 Whether claimant or her solicitors acted culpably in authorising disposal of evidence

Ratio Decidendi

There was no culpable behaviour by the claimant or her solicitors in authorising disposal of lung tissue samples; circumstances do not amount to abuse of process. Despite loss of histopathological evidence, a fair trial remains possible based on available lay and expert evidence. Strike out is not justified.

Court Disposition

application dismissed

Orders

  • Claimant's statement of case not struck out
  • Proceedings to continue to trial