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 February 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 July 1967

    But three things may be said about it, which its author would surely not have denied: first that, since it is a classification of convenience, there may well be purposes which do not fit neatly into one or other of the headings: secondly, that the words used must not be given the force of a statute to be construed; and thirdly, that the law of charity is a moving subject which may well have evolved even since 1891.

    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.

  • Bolton Corporation v Owen
    • Court of Appeal
    • 11 December 1961

    But it was pointed out by Mr. Nowell that in the Act by the definition section the word "function" moans a power or duty, and, indeed, I have, in what I said a moment ago, deliberately used those words "power or duty". Rut it must be borne in mind that what is hero referred to is allocation for the purposes of functions, that is powers or duties, and that, I should suppose, must mean for the purpose of their exercise.

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Books & Journal Articles
  • Burial Disputes
    • Contents
    • A Practitioner's Guide to Probate Disputes - 2nd edition
    • Nasreen Pearce
    • 169-190
  • The Epping Forest Abortion Burial
    • No. 30-1, January 1957
    • Police Journal: Theory, Practice and Principles
  • Governing migration through death in Europe and the US: Identification, burial and the crisis of modern humanism
    • No. 23-3, September 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
    • No. 76-1, October 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 ......
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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 ......
  • Know Where The Bodies Are Buried' What If The House I'm Buying Has Graves In The Garden?
    • Mondaq UK
    ......not consecrated, and it is those cases that this article. considers. When buying a house with private graves, first, you need to. check the burial complies with the existing law. The law on burials. is largely drawn from Victorian times and is not as prescriptive as. one might imagine. There is ......
  • 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 ......
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