Burial in UK Law

Leading Cases
  • Abbasi and another (visits - bereavement - Article 8)
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 29 May 2015

    The decisions summarised above illustrate the versatility of Article 8 ECHR, together with the difficulty of drawing a clear boundary between its private and family life dimensions in certain factual contexts. While each belongs to its discrete factual context, these decisions nonetheless illustrate that matters relating to death, burial, mourning and associated rites have been held to fall within the ambit of Article 8.

  • R v Roberts (John Marcus)
    • Court of Appeal
    • 22 Feb 1984

    After considering the point overnight, the learned Judge ruled that such evidence could not be called.After considering the point overnight, the learned Judge ruled that such evidence could not be called. He accepted that if it were relevant, such evidence would be admissible. He accepted that if it were relevant, such evidence would be admissible.

  • Scottish Burial Reform and Cremation Society Ltd v Glasgow Corporation
    • House of Lords
    • 26 Jul 1967

    The latter requirement does not mean quite what it says; for it is now accepted that what must be regarded is not the wording of the preamble itself, but the effect of decisions given by the courts as to its scope, decisions which have endeavoured to keep the law as to charities moving according as new social needs arise or old ones become obsolete or satisfied.

    In this context I find it of significance that Parliament in 1902 by the Cremation Act of that year placed cremation, as a public service, on the same footing as burial.

  • Burrows v HM Coroner for Preston
    • Queen's Bench Division
    • 15 May 2008

    The leading case is now Buchanan v Milton [1999] 2 FLR 844. That was a case where the applicant was the natural mother of the deceased. The respondents were persons who were entitled to the grant of letters of administration of the estate. They were his adoptive mother and the mother of his daughter. The dispute arose because the applicant had given her consent to adoption when the deceased was only four days old.

    Hale J set out six special circumstances in terms of the requirements of section 116 of the Supreme Court Act.

  • Henning v Church of Jesus Christ of Latter-Day Saints
    • Court of Appeal
    • 10 Jul 1962

    He argued that the Temple itself would be a church hall, chapel hall or similar building used in connection with the chapels, and therefore qualifying for exemption under (b). The short answer is that this Temple is not a church hall, chapel hall, nor a similar building. It is not in the least on the same footing as a church hall or chapel hall. It is a very sacred sanctuary, quite different from a building of that category.

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Books & Journal Articles
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Law Firm Commentaries
  • Impacts Of A Disused Burial Ground On Development
    • Mondaq UK
    • July 24, 2019
  • The Bones Of Richard III
    • Mondaq United Kingdom
    • June 05, 2013
    ...... It is understood that the remains were disinterred under the authority of a licence granted by the Secretary of State under section 25 of the Burial Act 1857. This section reads as follows:. "25 Bodies not to be removed from burial grounds, save under faculty, without licence of Secretary of ......
  • Real Estate Tip Of The Week - A Grave Matter
    • Mondaq UK
    • November 11, 2019
    ...Landlords who are developing within the vicinity of a disused burial ground should be aware of the law surrounding the treatment of long buried human remains. The discovery of an ancient headstone can be petrifying in ......
  • Burials And Cremation
    • Mondaq UK
    • January 25, 2021
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