‘Repeated failures to prevent dead people from being abused in funeral parlours and mortuaries highlight the urgent need for regulation of funeral services in England, an inquiry has found.’
The Guardian, 15th October 2024
Source: www.theguardian.com
‘The law on burial and cremation in England and Wales, some of which dates back to the mid-19th century, is complicated and outdated. It has evolved as a patchwork of different laws which apply to different burial grounds depending on who operates them (eg the Church of England, local authorities or private owners). There are also gaps in the law. Burial space is running out, with the situation worst in some urban areas. Grave reuse has long been seen as a solution to this problem, but not all burial grounds are permitted to reuse graves.’
Law & Religion UK, 3rd October 2024
Source: lawandreligionuk.com
‘In UK courts and elsewhere, it is sometimes necessary to introduce an element of anonymity into the proceedings and their reporting, as in the consistory court judgment Re St. Margaret Ormesby [2024] ECC Nor 5 where, unusually, one of the petitioners expressed concerns on aspects of the judgment which might become known to the joint applicant. Additionally, the “medical harm” criterion of Re Blagdon was considered.’
Law & Religion UK, 30th September 2024
Source: lawandreligionuk.com
‘“We know your taste for curious quips, For cranks and contradictions queer“…
…. and in the recent judgment Re St. Mary Fawkham [2024] ECC Roc 1 Willink Ch. evinces the solution to the question “When is a petition not a petition?“, in which circumstances “a memorial” (in a churchyard) had to be distinguished from the broader (legal) meaning of “a memorial” . The circumstances of the case itself will be familiar to canon lawyers – the Petitioner wished to install a memorial in the churchyard in memory of his late wife. The proposed memorial was a headstone and kerbs, the proposed stone being polished paradiso granite, described as “a swirling mixture of pink, grey, red and black colours in a strongly-defined tortoiseshell-type pattern.”’
Law & Religion UK, 29th August 2024
Source: lawandreligionuk.com
‘On 10 May 2024, the Court of Appeal handed down judgment in Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 507.
The Court of Appeal dismissed the claimant’s appeal against the High Court’s dismissal of her challenge to the grant of planning permission for a crematorium on land in the parish of Tandridge, near Oxted, Surrey. At first instance ([2023] EWHC 92 (Admin), Timothy Mould KC (sitting as a Deputy High Court Judge) dismissed the claim.’
39 Essex Chambers, 16th July 2024
Source: www.39essex.com
‘From his initial burial to the final interment in the church of St Mary and the Holy Rood, Donington, the remains of Captain Flinders have been been covered by different tranches of legislation: that relating to the churchyard in which he was first buried; that concerning the custody of the body during and after the infrastructure project; and finally, the ecclesiastical provisions governing burial within the church.’
Law & Religion UK, 12th July 2024
Source: lawandreligionuk.com
‘A formal move to dissolve the funeral firm at the centre of a police inquiry could not proceed in court.’
BBC News, 9th April 2024
Source: www.bbc.co.uk
‘HMRC has updated Burial, cremation and commemoration of the dead (VAT Notice 701/32). It explains the VAT liability of funeral services, burials and cremations, goods and services connected with the commemoration of dead people, other goods and services connected with organising funerals, and other activities relating to the disposal of the remains of the dead, including transport of the deceased.’
Law & Religion UK, 5th March 2024
Source: lawandreligionuk.com
‘The Law Commission today announces details of its review of the law governing how we deal with the bodies of loved ones when they die.’
Law Commission, 30th November 2023
Source: lawcom.gov.uk
‘Eleven consistory court judgments were circulated in November and relate to reordering, exhumation, and churchyards.’
Law & Religion UK, 30th November 2023
Source: lawandreligionuk.com
‘On 16 June 2021 the Court of Arches handed down its reserved judgment Re St Giles Exhall [2021] EACC 1 on which we posted a Case Note. This appeal was prompted by the decision in Re St Giles, Exhall [2020] ECC Cov 1, where permission was denied for a faculty for a memorial stone to include the words “Inár gcroíthe go deo”: Irish Gaelic for “in our hearts forever”. In its judgment, the Arches Court considered the factors that Chancellors should take into account and apply in relation to schemes of delegation (a.k.a. “Churchyard Regulations”), and when determining faculty petitions concerning inscriptions in languages other than English.’
Law & Religion UK, 20th November 2023
Source: lawandreligionuk.com
‘This briefing paper considers reuse of graves as a means of addressing the problem of the shortage of available space for burial.’
House of Commons Library, 16th October 2023
Source: commonslibrary.parliament.uk
‘A woman has been barred from removing the body of her partner from a funeral home after becoming embroiled in high court litigation with one of his relatives.’
The Guardian, 6th September 2023
Source: www.theguardian.com
‘On 3 July 2023, Resomation Ltd (“Natural Water Cremation”) issued a Press Release which announced:
“In a move that is set to revolutionise the way we say goodbye to loved ones, the UK’s leading funeral provider, Co-op Funeralcare, is set to pioneer the introduction of Resomation in the UK later this year. It will mark a major shift in UK funerals for more than 120 years, as the first alternative to burial or cremation since the introduction of the Cremation Act of 1902.”’
Law & Religion UK, 4th July 2023
Source: lawandreligionuk.com
‘The recent judgment Re Streatham Cemetery [2023] ECC Swk 3 concerns cemetery development. Opened more than one hundred years ago, there is now very little room in Streatham Cemetery for further burials. A Petition by the Bereavement Services Manager of Lambeth LBC[1] sought permission to re-use land within two areas of the cemetery through the operation of “lifting and deepening” of existing interments, thereby creating new burial space. The observations of Petchey Ch., (above and at [16]), indicate some of the issues to be addressed on the growing shortage of burial space.’
Law & Religion UK, 14th June 2023
Source: lawandreligionuk.com
‘The procedure of “coffin sliding” is one of the devices employed in the funeral trade for moving coffins to adjacent plots to remedy errors and other changes following their initial interment. Whilst its use is only infrequently reported, to date it has featured in four consistory court determinations. The associated law is discussed below with reference to the most recent reference to “coffin sliding”, Re Chevington Cemetery [2023] ECC New 3.’
Law & Religion UK, 25th April 2023
Source: lawandreligionuk.com
‘More than a decade after his death in police custody, the body of former paratrooper Christopher Alder was discovered lying in a mortuary. At the same time, in a grave bearing his name lay the body of a 77-year-old woman. No-one has ever been held responsible for either incident. Ahead of the 25th anniversary of his death, Mr Alder’s sister, Janet, spoke to the BBC about the psychological toll of her battle for truth and accountability.’
BBC News, 30th March 2023
Source: www.bbc.co.uk
‘In Re Blagdon Cemetery [2002] Fam 299, the Arches Court reviewed the circumstances under which burial in a “family grave” might be considered as an exception to the general presumption of permanence of Christian burial arising from the initial act of interment.’
Law & Religion UK, 28th March 2023
Source: lawandreligionuk.com
‘Seven men involved in a cemetery brawl that left two people seriously injured have been sentenced for their roles in a family feud during two funerals.’
BBC News, 20th February 2023
Source: www.bbc.co.uk
‘The Law Commission of England and Wales has begun a new project that will review the ancient laws that govern the process of dealing with the remains of the deceased – bringing them into line with modern needs.’
Law Commission, 22nd December 2022
Source: www.lawcom.gov.uk
© Inner Temple Library 2024