Fessi v Whitmore

JurisdictionEngland & Wales
Date1999
Year1999
CourtChancery Division
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6 cases
  • Gloucestershire County Council v Re K
    • United Kingdom
    • Family Division
    • 24 d5 Março d5 2017
    ...that is reflected in the case law that I have set out above. It does not appear that in the Lewisham case (supra) Hart J had the case of Fessi v Whitmore 1999 1 FLR 767 drawn to his attention. It was however cited before Peter Jackson J in Re JS both of which relied on the inherent jurisdic......
  • Re JS (A Child) (Disposal of body)
    • United Kingdom
    • Family Division
    • Invalid date
    ...for example, R v Gwynedd County Council, Ex p B [1992] 3 All ER 317, a decision under theChild Care Act 1980; also Fessi v Whitmore [1999] 1 FLR 767.46 The making of a specif‌ic issue order is governed by the welfare principle. In this case thepredominant features are JS’s wishes and feelin......
  • R (Fatima Haqq) v (1) HM Coroner for Inner West London (2) Alfia Haqq
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 18 d4 Dezembro d4 2003
    ...of a child or young person. Buchanan v Milton [1999] 2 FLR 844, decision of Mrs Justice Hale, as she then was, and Fessi v Whitmore [1999] 1 FLR 767, a decision of His Honour Judge Boggis QC, sitting as a High Court judge. 40 I have found those cases helpful and I have read the reports in b......
  • Derick Hartshorne v Gillian Helen Monica Gardner
    • United Kingdom
    • Chancery Division
    • 14 d5 Março d5 2008
    ...Again, the place with which the deceased had the closest connection is relevant as to the ultimate resting place (see Fessi v. Whitmore [1999] 1 FLR 767). 8 In Calma v. Sesar, to which I have already referred, the dispute was resolved in a practical way. There was no good reason why the bod......
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3 books & journal articles
  • Burial Disputes
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Probate Disputes - 2nd edition Contents
    • 29 d1 Agosto d1 2022
    ...and disposal of ashes are not uncommon especially in cases where the parents are separated or divorced. The cases of Fessi v Whitmore [1999] 1 FLR 767 and Hartshorne v Gardner [2008] EWHC B3 (Ch) best illustrate the nature of the conflicts that can arise between parents and the factors whic......
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Probate Disputes - 2nd edition Contents
    • 29 d1 Agosto d1 2022
    ...All ER 672, [1975] 2 WLR 333, FD 111–112 Face v Cunningham and Another [2020] EWHC 3119 (Ch), [2020] 10 WLUK 515 95–96 Fessi v Whitmore [1999] 1 FLR 767, [1999] Fam Law 221, ChD 141–142, 150–151 Finn’s Estate, Re (1935) 105 LJP 36, [1935] All ER Rep 419, 80 Sol Jo 56, PD&A 27 Fleming’s Will......
  • Frozen Corpses and Feuding Parents: Re JS (Disposal of Body)
    • United Kingdom
    • Wiley The Modern Law Review No. 81-1, January 2018
    • 1 d1 Janeiro d1 2018
    ...Report (December 2016).47 Examples include Grandison vNembhard [1989] 4 BMLR 140; Buchanan vMilton [1999] 2 FLR844; Fessi vWhitmore [1999] 1 FLR 767; Hartshorne vGardner [2008] EWHC B3 (Ch); ScotchingvBirch [2008] EWHC 844 (Ch); Burrows vHM Coroner for Preston [2008] 2 FLR 1225; andAnstey v......

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