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.

  • 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.

  • 1) Mrs Jean Timmins and Another v Gedling Borough Council Westerleigh Group Ltd (Interested Party)
    • Queen's Bench Division (Administrative Court)
    • 11 Mar 2014

    In short it seems to me that there are three points which arise from the above analysis. First, there is a clear conceptual distinction between openness and visual impact. Secondly, it is therefore is wrong in principle to arrive at a specific conclusion as to openness by reference to visual impact.

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Legislation
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Books & Journal Articles
  • Governing migration through death in Europe and the US: Identification, burial and the crisis of modern humanism
    • Núm. 23-3, Septiembre 2017
    • European Journal of International Relations
    Border deaths have become an established feature of contemporary migratory politics in both Europe and the US. This article examines the similarities and differences in practices of ‘governing migr...
  • 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 therepatriation issue. It considers an ethical argument ......
  • Death, emplaced security and space in contemporary Timor-Leste
    • Núm. 55-4, Diciembre 2020
    • Cooperation and Conflict
    By adopting a spatial approach to analysis, this article examines the significance of death in Timor-Leste and its relationship to security and peace. The main argument is that a person’s security ...
    ......As such, the ‘spatial turn’ shows how burial represents both an intimate and petite act of place-making while also intersecting with different spatial orders and scales that interact with ......
  • Burying Indigeneity: The Spatial Construction of Reality and Aboriginal Australia
    • Núm. 19-3, Septiembre 2010
    • Social & Legal Studies
    In this article we argue that spatial distance and historic socio-ethnic boundaries play a critical role in determining the relative priority given to groups that are marginally placed. These prior...
    ......We suggest that the spatially-boun ded patterningof black and white lives supports thecontinued burial of Indi- genous life.The socio-spatial constructionof Indigenous life forwhite and other Australians has enabled both ag gressive and negl ectful ......
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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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