burials and cremation – Current Awareness

Ecclesiastical court judgments – January – Law & Religion UK

Posted January 31st, 2025 in burials and cremation, Christianity, Church of England, faculties, news, nuisance by Lily

‘Only three consistory court judgments were circulated in January 2025; these included: the application of the tort of nuisance; the replacement of condemned wall-mounted heaters with a new boiler and wet system; and a burial plot that had been reserved by two families. However, this review also includes: CDM Decisions and Safeguarding; CFCE Determinations; and links to other posts relating to ecclesiastical law.’

Law & Religion UK, 31st January 2025

Source: lawandreligionuk.com

Commonwealth war burials – Law Commission

Posted January 15th, 2025 in armed forces, burials and cremation, colonies, Law Commission, news, war by tracey

‘There has been some media coverage which suggests that, as part of our burials consultation, the Law Commission is proposing that Commonwealth war graves (graves of servicemen and women who died in the first and second world wars) should be reused. This is not the case.’

Law Commission, 14th January 2025

Source: lawcom.gov.uk

The Star of David on Church of England gravestones? – Law & Religion UK

Posted December 5th, 2024 in burials and cremation, Church of England, ecclesiastical law, faculties, Judaism, monuments, news by tracey

‘In Re St Mary the Virgin Weston Turville [2024] ECC Oxf 8, Mrs Deborah Clark sought a faculty authorising the installation of a memorial commemorating her late husband, Joe. Though a Christian, he was of Jewish heritage, and Mrs Clarke wanted both a Star of David and a cross on his gravestone, explaining that “whilst Joe accepted Christianity, he was brought up with the Jewish Faith, and so I want to represent both Faiths on the headstone”. In doing so, she had the support of the Archdeacons of Buckingham and Oxford [5-7]. Her petition was unopposed; however, the former Chancellor of the Diocese of Norwich had recently ruled against allowing a Star of David on a memorial stone in that diocese.’

Law & Religion UK, 4th December 2024

Source: lawandreligionuk.com

Corpse abuse inquiry makes urgent call for funeral regulation in England – The Guardian

Posted October 16th, 2024 in burials and cremation, inquiries, murder, news by sally

‘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

Law Commission consultation on burial and cremation law – Law & Religion UK

Posted October 4th, 2024 in burials and cremation, Christianity, Church of England, consultations, Law Commission, local government, news by sally

‘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

Limits on anonymity – Law & Religion UK

Posted September 30th, 2024 in anonymity, burials and cremation, children, Christianity, Church of England, families, mental health, news by sally

‘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

“A most ingenious paradox” – Law & Religion UK

Posted August 30th, 2024 in burials and cremation, Church of England, news by sally

‘“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

When is a Crematorium Actually a Crematorium? – 39 Essex Chambers

Posted July 24th, 2024 in appeals, burials and cremation, chambers articles, local government, news, planning by tracey

‘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

Captain Matthew Flinders: a legal history – Law & Religion UK

Posted July 19th, 2024 in burials and cremation, Church of England, news by michael

‘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

Hull funeral home inquiry: Legal move to close Legacy stalls – BBC News

Posted April 10th, 2024 in burials and cremation, insolvency, local government, news by sally

‘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

VAT: burial, cremation and commemoration of the dead – Law & Religion UK

Posted March 6th, 2024 in burials and cremation, HM Revenue & Customs, news, taxation, VAT by sally

‘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

Laws on Burial, Cremation and New Funerary Methods to be reviewed – Law Commission

Posted December 1st, 2023 in burials and cremation, Law Commission, news, statute law revision by tracey

‘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

Ecclesiastical court judgments – November – Law & Religion UK

Posted November 30th, 2023 in burials and cremation, clergy, ecclesiastical law, faculties, historic buildings, news by sally

‘Eleven consistory court judgments were circulated in November and relate to reordering, exhumation, and churchyards.’

Law & Religion UK, 30th November 2023

Source: lawandreligionuk.com

Guidance on Churchyard Regulations after Exhall – Law & Religion UK

Posted November 20th, 2023 in burials and cremation, Church of England, ecclesiastical law, news by tracey

‘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

Research Briefing: Reuse of graves – House of Commons Library

Posted October 20th, 2023 in burials and cremation, Law Commission, news, parliament, Scotland by tracey

‘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

Woman barred from removing body of partner from London funeral home – The Guardian

Posted September 7th, 2023 in bereavement, burials and cremation, families, injunctions, news by sally

‘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

Alternative to cremation announced – Law & Religion UK

Posted July 5th, 2023 in burials and cremation, Church of England, news by sally

‘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

A return to unmarked graves? – Law & Religion UK

Posted June 14th, 2023 in burials and cremation, local government, London, news by sally

‘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

Coffin sliding – urban myths vs the law – Law & Religion UK

Posted April 26th, 2023 in burials and cremation, local government, news by sally

‘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

Sister of Christopher Alder on 25-year fight for answers – BBC News

Posted March 30th, 2023 in burials and cremation, death in custody, human tissue, inquests, news, police, unlawful killing by sally

‘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

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