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 (Criminal Division)
    • 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
  • Human remains as documents: implications for repatriation
    • Núm. 76-1, Octubre 2019
    • Journal of Documentation
    • 258-270
    Purpose: The purpose of this paper is twofold. First, to investigate the documentality of human remains in museum and research collections. Second, to provide a rationale for a processual model of ...
    ......Second, to provide a rationale for a processual model of documentation, which can account for their repatriation and eventual burial. Design/methodology/approach – This paper uses a multidisciplinary approach to examine the repatriation issue. It considers an ethical argument ......
    • Aesthetics of Law and Culture: Texts, Images, Screens
    • 179-200
    When historical visibility has faded, when the present tense of testimony loses its power to arrest, then the displacements of memory and the indirections of art offer us the image of our psychic s...
    ......5 Living in such flux we move proximate always to the figures and voices of others . Correspondingly,as citations of balance between burial and remembrance, the Hart Island pictures breathe with imaginative weight and ghost us with their call for citizenship and historical significance, ......
  • The Dead, the Law, and the Politics of the Past
    • Núm. 31-4, Diciembre 2004
    • Journal of Law and Society
    This article explores the role of law in cultural and political disputes concerning dead bodies. It uses three interconnecting legal frameworks: cultural and moral ownership, commemoration, and clo...
    ......6 For a detailed analysis of the law relating to family disputes and the dead, see H. Conway, `Dead But Not Buried: Bodies, Burial and Family Conflict' (2003) 23 Legal Studies 423. As Conway notes (pp. 442±9), the one potential exception to the dominance of the ownership ......
  • Frozen Corpses and Feuding Parents: Re JS (Disposal of Body)
    • Núm. 81-1, Enero 2018
    • The Modern Law Review
    In October 2016, a dying teenager won the legal right to have her remains cryogenically frozen and stored indefinitely in an American clinic. The cryonics aspect was novel, posing questions around ...
    ......20 For example, in France which only permits burial, cremation or donation to medical science. 21 Re JS n 1 above at [12]. 134 C  2018 The Author. The Modern Law Review C  2018 The Modern Law ......
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Law Firm Commentaries
  • Impacts Of A Disused Burial Ground On Development
    • Mondaq UK
  • The Bones Of Richard III
    • Mondaq United Kingdom
    ...... 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
    ...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
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