Buchanan v Milton

JurisdictionEngland & Wales
Judgment Date1999
Date1999
Year1999
CourtFamily Division
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25 cases
  • Gloucestershire County Council v Re K
    • United Kingdom
    • Family Division
    • 24 March 2017
    ...that the starting point in establishing a jurisdictional basis for orders relating to the burial of a child is to be found in Buchanan v Milton [1999] 2 FLR 844 at 845/846 per Hale J, as she then was: "There is no right of ownership in a dead body. However, there is a duty at common law to ......
  • Burrows v HM Coroner for Preston
    • United Kingdom
    • Queen's Bench Division
    • 15 May 2008
    ...with the proper and efficient administration of the estate and not really adapted to this sort of question. 15 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 entitl......
  • Takamore v Clarke COA CA
    • New Zealand
    • Court of Appeal
    • 23 November 2011
    ...Cemetery [2002] 3 WLR 603 at [18]. 183 R v Stewart, above n 179, at 778. 184 For example, Saleh v Reichert (1993) 104 DLR (4th) 384; Buchanan v Milton [1999] 2 FLR 844 185 Grandison v Nembhard (1989) 4 BMLR 140 (Ch) at 143; University Hospital Lewisham NHS Trust v Hamuth [2006] EWHC 1609......
  • Takamore v Clarke SC
    • New Zealand
    • Supreme Court
    • 18 December 2012
    ...J describes as the leading case on s 116 of the Supreme Court Act 1981 (which was later renamed the Senior Courts Act 1981). 200 In Buchanan v Milton, 201 the natural mother of a deceased Australian Aborigine sought the grant of letters of administration of his estate under's 116. The respo......
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4 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Probate Disputes - 2nd edition Contents
    • 29 August 2022
    ...14 ITELR 967, [2012] NLJR 621, [2012] 2 P & CR D24 163 Brunt (Deceased), Re. See Wrangle v Brunt Buchanan v Milton [1999] EWHC B9 (Fam), [1999] 2 FLR 844, [1999] Fam Law 692, 53 BMLR 176, FD 134, 144, 151 Buckenham v Dickinson [1997] CLY 4733, QBD 46, 56, 72 Burgess v Penny [2019] EWHC 2034......
  • Frozen Corpses and Feuding Parents: Re JS (Disposal of Body)
    • United Kingdom
    • The Modern Law Review No. 81-1, January 2018
    • 1 January 2018
    ...grandmother might reconcile), and predeterminingthe child’s funeral arrangements would not be appropriate.59cases. See Buchanan vMilton [1999] 2 FLR 844, Burrows vHM Coroner for Preston [2008] EWHC1387 (Admin) and Ibuna vArroyo [2012] EWHC 428 (Ch). Peter Jackson J in Re JS n1aboveat [41] a......
  • Funeral and Other Requests
    • United Kingdom
    • Wildy Simmonds & Hill Wills A Practical Guide - 2nd Edition Contents
    • 30 August 2019
    ...right if by reason of any special circumstances it appears to be necessary or expedient to appoint someone else. In Buchanan v Milton [1999] 2 FLR 844, Hale J said in relation to an application to pass over those entitled because of a 228 Wills: A Practical Guide dispute over the appropriat......
  • ‘It's All About Justice’: Bodies, Balancing Competing Interests, and Suspicious Deaths
    • United Kingdom
    • Journal of Law and Society No. 45-4, December 2018
    • 1 December 2018
    ...context from which thecriminal justice process gains its authority. Following Norrie, `the core of the5642 See Buchanan v. Milton [1999] 2 FLR 844, at 845±6, per Hale J.3 Such as expert witness training provided by the Home Office.4 It may be that the means of killing, such as that seen in ......

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