There is a need to tell the client to preserve evidence when pursuing a claim. In a fatal case in particular, the need to preserve histological evidence must also be passed on to the coroner. Failure to do this can lead to an action being struck out.
I have written a post about the case of Matthews -v- Collins [2013] EWHC 2952 (QB) at http://civillitigationbrief.wordpress.com/2013/10/14/striking-out-for-abuse-of-process-the-need-to-advise-clients-to-preserve-evidence/
It is necessary for all those acting for claimants to consider the final words of the judgment.
“In the light of what has happened in this case, it would be good practice also for
solicitors instructed by claimants in fatal asbestos claims to advise both their clients
and the relevant Coroner’s Office that disposal of histological samples should not be
undertaken without confirmation from those solicitors that the samples are not
required for the purposes of the claim”
FATAL ACCIDENTS AND ACTIONS ARISING FROM DEATH 