Application to strike out claim as an abuse of process. The claim was for asbestos related condition leading to the death of the claimant’s husband. The defendants denied liability and causation, saying that he had been a confirmed smoker. The post mortem had found asbestos fibres. The defendants complained that the actions of the claimants solicitors had led to the tissue samples, which they had wanted to examine, being destroyed.
Held: The application failed. The defendant’s criticism of the claimant herself were not justified, and nor were those of her solicitor.
Swifte J DBE
[2013] EWHC 2952 (QB)
Bailii
Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976, Civil Procedures Rules 3.4(2)(b)
Personal Injury
Updated: 22 November 2021; Ref: scu.516604