Category: burials and cremation

Exhumation and the Permanence of Christian Burial: a review of recent consistory court judgments – Law & Religion UK

Posted November 13th, 2019 in burials and cremation, Christianity, ecclesiastical law, news by sally

‘The presumption of the permanence of Christian burial is well-known, as are the leading authorities on the test for granting a faculty for exhumation: In Re Christ Church Alsager[1] in the Province of York and In Re Blagdon Cemetery[2] in the Province of Canterbury. There have been a number of legislative[3] and common law[4] developments post these judgments, but they nevertheless remain the principal authorities on the topic.’

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Law & Religion UK, 12th November 2019

Source: www.lawandreligionuk.com

Exhumation and reburial of Captain Matthew Flinders – Law & Religion UK

Posted October 28th, 2019 in burials and cremation, ecclesiastical law, news, railways by tracey

‘This post reviews the secular and ecclesiastical legislation involved in the exhumation of Captain Flinders’ remains, discovered during the archaeological investigation at Euston Station, London, and their reburial in rural Lincolnshire. It updates an earlier post and incorporates the helpful Comments made and subsequent new information, and clarifies the legislative requirements involved.’

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Law & Religion UK, 28th October 2019

Source: www.lawandreligionuk.com

Exhumation without church or MoJ approval…- Law & Religion UK

Posted October 22nd, 2019 in burials and cremation, ecclesiastical law, Ministry of Justice, news by tracey

‘On 17 October 2019, the Daily Mail carried the snappily-titled, but detailed headline Remains of Captain Matthew Flinders – the man credited with naming Australia – will be reburied in his home village after being found in London during HS2 dig. The story concerns the remains of Captain Flinders which were discovered during the excavation of St James’s burial ground for the new High Speed rail project; the article explains:

“Following a request by descendants of the Flinders family and the local community that he be returned to his home village of Donington, Lincolnshire, HS2 Ltd’s chief executive Mark Thurston has written to the family to say he can be buried there.”

Well, not quite, for although under secular legislation, as the “nominated undertaker” under the Act, HS2 has the authority for the exhumation of Flinders’ remains and their subsequent retention, re-interment in the Donington churchyard is governed by ecclesiastical law.’

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Law & Religion UK, 19th October 2019

Source: www.lawandreligionuk.com

Private burial vaults and adverse possession: Holy Trinity, Dalton – Law and Religion UK

Posted June 18th, 2019 in adverse possession, burials and cremation, Christianity, news, tribunals by tracey

‘The Upper Tribunal (Lands Chamber) has upheld the title of the descendants of the original grantor to a family burial vault in a closed church.’

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Law and Religion UK, 17th June 2019

Source: www.lawandreligionuk.com

Competition watchdog to investigate funeral sector as prices escalate – The Guardian

Posted March 28th, 2019 in burials and cremation, competition, consumer protection, news by sally

‘Britain’s competition watchdog is launching a full investigation into the UK funeral market after it found the cost of organising a funeral increased by 6% each year – twice the inflation rate – for the last 14 years.’

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The Guardian, 28th March 2019

Source: www.theguardian.com

Evidence from the grave – I – Law & Religion UK

Posted March 14th, 2019 in burials and cremation, DNA, ecclesiastical law, forensic science, news by tracey

‘The permanence of Christian burial and the application of Re Blagdon Cemetery [2002] Fam 299 has been a continuing theme on L&RUK, and has also been explored in Leading Works on Law and Religion. This is the first of three posts in which we consider exhumation for the purpose of examining the remains of monarchs, mass murderers, and for medical research. Most recently, in Re St. John’s Cemetery Elswick [2018] ECC New 4, the court granted a faculty for a temporary disinterment for the purposes of obtaining a DNA analysis from bone fragments to be taken from the remains, in relation to a criminal conviction of the petitioner’s husband.’

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Law & Religion UK, 13th March 2019

Source: www.lawandreligionuk.com

Walsall Council wins Muslim graves High Court battle – BBC News

Posted January 23rd, 2019 in burials and cremation, human rights, Islam, local government, news by sally

‘A Muslim man who said his human rights were breached by a council’s refusal to permit a marble edge around a grave has lost a High Court battle.’

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BBC News, 22nd January 2019

Source: www.bbc.co.uk

Exhumation and reburial of alleged sexual abuser: Re the Cremated Remains of AA – Law & Religion UK

Posted January 10th, 2019 in burials and cremation, child abuse, Church of England, families, news, sexual offences by sally

‘The issue of the permanence of Christian burial and the circumstances in which, exceptionally, exhumation and reinterment of remains might be authorised by faculty has arisen once again in Re St X, the Cremated Remains of AA [2018] ECC Lic 7.’

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Law & Religion UK, 9th January 2019

Source: www.lawandreligionuk.com

Church of England orders remains of alleged paedophile to be exhumed as family members don’t want to be buried alongside him – Daily telegraph

Posted January 8th, 2019 in burials and cremation, child abuse, Church of England, families, news, sexual offences by sally

‘The Church of England has ordered the remains of an alleged paedophile to be exhumed after living family members said they do not wish to be buried alongside him.’

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Daily Telegraph, 7th January 2019

Source: www.telegraph.co.uk

Muslim takes local council to High Court because their burial rules ‘breach his human rights’ – Daily Telegraph

Posted December 5th, 2018 in burials and cremation, human rights, Islam, local government, news, religious discrimination by sally

‘A Muslim man has taken his local council to the High Court after complaining that their burial rules are infringing on his human rights.’

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Daily Telegraph, 4th December 2018

Source: www.telegraph.co.uk

Watchdog to launch investigation into UK funerals over ‘unjustified’ price hikes – The Independent

Posted November 29th, 2018 in bereavement, budgets, burials and cremation, competition, news, statistics by tracey

‘The UK funeral market could be the subject of the competition watchdog’s next investigation, after the regulator said it had “serious concerns” with the sector due to “unjustified” price hikes of more than 66 per cent over the last 10 years.’

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The Independent, 29th November 2018

Source: www.independent.co.uk

Markets watchdog investigates rise of DIY funeral directors – Daily Telegraph

Posted September 12th, 2018 in burials and cremation, competition, news by tracey

‘The rise of DIY funeral directors is being investigated by the Competitions and Markets Authority, as traditional parlours have been hit by the growth of online competitors.’

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Daily Telegraph, 11th September 2018

Source: www.telegraph.co.uk

Does AYBS cue the introduction of a fast track approach for the Coroner? – Park Square Barristers

Posted August 7th, 2018 in burials and cremation, delay, inquests, Judaism, news by sally

‘Lorraine Harris looks at the recent case of Adath Yisroel Burial Society (AYBS) and its impact on how the Coroner should approach requests for the expedition of cases.’

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Park Square Barristers, 20th July 2018

Source: www.parksquarebarristers.co.uk

NHS mortuaries so lax families are at ‘significant risk’ of burying the wrong bodies, watchdog finds – Daily Telegraph

Posted August 3rd, 2018 in burials and cremation, hospitals, news by tracey

‘Hospital mortuaries are storing the dead in filthy fridges and employing such lax checks that families are at “significant risk” of burying the wrong bodies, inspections show. An investigation reveals a 20-fold rise in major failings found by watchdogs in just one year.’

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Daily Telegraph, 1st August 2018

Source: www.telegraph.co.uk

Ecclesiastical court judgments – July 2018 – Law & Religion UK

Posted August 2nd, 2018 in burials and cremation, ecclesiastical law, historic buildings, news by tracey

‘Review of the ecclesiastical court judgments during July 2018.’

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Law & Religion UK, 30th July 2018

Source: www.lawandreligionuk.com

Council ordered to pay £68k on account in costs over coroner burial policy case – Local Government Lawyer

Posted June 27th, 2018 in burials and cremation, coroners, costs, judicial review, local government, news by tracey

‘The Divisional Court has ordered Camden Council to pay £68,000 in costs on account following the high-profile case where judges ruled that the Senior Coroner for Inner North London acted unlawfully in adopting a policy that resulted in Jewish and Muslim families facing delays in the burials of family members, contrary to their religious beliefs.’

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Local Government Lawyer, 26th June 2018

Source: www.localgovernmentlawyer.co.uk

Chief Coroner publishes new guidance following Mary Hassell JR – UK Human Rights Blog

Posted May 22nd, 2018 in burials and cremation, coroners, delay, human rights, news by sally

‘The Chief Coroner has issued guidance following the judgment of the Divisional Court in R (Adath Yisroel Burial Society) v Senior Coroner for Inner North London [2018] EWHC 969 (Admin) (“the AYBS Case”).’

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UK Human Rights Blog, 18th May 2018

Source: ukhumanrightsblog.com

Don’t use ‘cab rank’ system for burials, coroners to be told – Daily Telegraph

Posted May 14th, 2018 in burials and cremation, coroners, delay, islamic law, Judaism, news by sally

‘Coroners across the country are to be formally instructed to take into account the religious requirements of families when deciding whether to prioritise the burial of their dead, in the wake of a High Court ruling.’

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Daily Telegraph, 12th May 2018

Source: www.telegraph.co.uk

Re-use of institutional burial grounds – Law & Religion UK

Posted May 4th, 2018 in burials and cremation, Church of England, ecclesiastical law, monuments, news by tracey

‘Disused burial grounds both old and ancient frequently feature in Midsomer Murders. In real life, however, their reuse is an on-going concern in view of the growing shortage of burial space. On 30 April, The Guardian reports “C of E intervenes in row over plan to build car park over graveyard”. The issue is not new, but it is necessary to unpick some of the journalese and identify the legal issues involved. A number of the issues raised in the Guardian article on the former Calderstones hospital in Lancashire echo those considered in In re Radcliffe Infirmary Burial Ground [2011] PTSR 1508.’

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Law & Religion UK, 3rd May 2018

Source: www.lawandreligionuk.com

ECHR Articles 9 and 14 – Local Government Law

Posted May 2nd, 2018 in burials and cremation, coroners, delay, equality, human rights, inquests, islamic law, Judaism, judicial review, news, religious discrimination by tracey

‘In R (Adath Yisroel Burial Society) v Senior Coroner for Inner North London (2018) EWHC 969 (Admin) a Divisional Court (Singh LJ and Whipple J) observed (paragraph 94) that in Eweida v UK the ECtHR emphasized the importance of the rights set out in Article 9, and stated that there are several things of importance to note about the terms of Article 9.’

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Local Government Law, 1st May 2018

Source: local-government-law.11kbw.com