Buchanan v Milton

JurisdictionEngland & Wales
Judgment Date1999
Date1999
Year1999
CourtFamily Division
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24 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......
  • Mrs. S.c. For Judicial Review Of A Decision Of The Service Personnel And Veterans Agency Of The Ministry Of Defence
    • United Kingdom
    • Court of Session
    • 3 August 2011
    ...life." [39] Again I would respectfully agree. That would seem to accord with common sentiment. In Buchanan v Milton [1999] Fam Law 692, 53 BMLR 176 Hale J referred to those "...who feel just as strongly, as many of us do, that their deceased relatives must come 'home' to be buried." From as......
  • Oldham Metropolitan Borough Council and Another v Robin Makin and Others
    • United Kingdom
    • Chancery Division
    • 13 October 2017
    ...correctly claims that he is primarily entitled to dispose of the deceased's remains. As Hale J put the matter in Buchanan v. Milton [1999] 2 FLR 844 at pages 845–6:- "There is no right of ownership in a dead body. However, there is a duty at common law to arrange for its proper disposal. Th......
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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
    • Wiley 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
    • Wiley 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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