Dobson v North Tyneside Health Authority

(1997) 8 Med LR 357

COURT OF APPEAL

Lord Justice BUTLER-SLOSS, Lord Justice PETER, and Lord Justice THORPE

Property — Conversion — Human tissue — Brain of deceased removed in course of autopsy ordered by coroner — Brain not preserved by health authority — Title to sue — Whether next of kin had legal right to possession of brain — Whether fixing of brain in paraffin by pathologist transformed it into item right to possession of which or property in which belonged to next of kin — - Next of kin's claim against health authority in conversion, bailment, wrongful interference or negligence — Applicability of maxim omnia praesumuntur contra spoliatorem