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

‘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

‘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

Coroner defeated over controversial ‘cab-rank’ burial policy – UK Human Rights Blog

‘The Divisional Court has 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. The policy was held to amount to an unlawful fetter upon her discretion, and also to be irrational, to breach Articles 9 and 14 of the ECHR and to amount to indirect discrimination contrary to the Equality Act 2010 (“EQA”).’

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UK Human Rights Blog, 1st May 2018

Source: ukhumanrightsblog.com

Coroner ordered to change ‘cab-rank’ burial release policy – BBC News

Posted April 27th, 2018 in burials and cremation, coroners, islamic law, Judaism, news by tracey

‘A London coroner has been ordered by the High Court to change her “cab-rank” queuing policy for handling burials after it was ruled “unlawful”.’

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BBC News, 27th April 2018

Source: www.bbc.co.uk

Child burial fees waived in England – BBC News

Posted April 3rd, 2018 in burials and cremation, children, fees, news by sally

‘The costs of child burials and cremations are to be waived in England to bring them in line with Wales, the prime minister has announced.’

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BBC News, 1st April 2018

Source: www.bbc.co.uk

Coroner who refuses to let Jewish or Muslim burials skip the queue accused of breaching human rights – Daily Telegraph

‘A coroner who refuses to allow Jews or Muslims to skip the burial queue has been accused of breaching human rights laws at the High Court.’

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Daily Telegraph, 27th March 2018

Source: www.telegraph.co.uk

Ecclesiastical court judgments – February 2018 – Law & Religion UK

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

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Law & Religion UK, 3rd March 2018

Source: www.lawandreligionuk.com

Chief coroner considers ‘cab rank’ burial rule to be unlawful – Law Society’s Gazette

Posted March 2nd, 2018 in burials and cremation, coroners, delay, islamic law, Judaism, judicial review, news by tracey

‘The law firm challenging a coroner’s policy of applying a “cab rank” rule for burials by refusing to prioritise them on religious grounds has welcomed what he describes as the chief coroner’s “support”.’

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Law Society's Gazette, 1st March 2018

Source: www.lawgazette.co.uk

Judge agrees to judicial review of ‘cab rank’ rule for unexplained deaths – The Guardian

Posted February 5th, 2018 in burials and cremation, complaints, coroners, Islam, Judaism, news by sally

‘A high court judge has granted an application for a judicial review of a senior coroner’s “cab rank” policy in dealing with unexpected deaths, saying it raises issues of importance to Jewish and Muslim communities.’

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The Guardian, 2nd February 2018

Source: www.theguardian.com

Alternative cremation option “on hold” – Law & Religion UK

Posted December 21st, 2017 in burials and cremation, news, regulations, water, water companies by tracey

‘On 18 December 2017 the BBC reported ‘Water cremation’ plans on hold over environmental fears following an earlier refusal* by Severn Trent Water to grant a trade effluent permit to Sandwell Council who wished to operate an alkaline hydrolysis plant (“resomation”) for the disposal of human remains.’

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Law & Religion UK, 21st December 2017

Source: www.lawandreligionuk.com

Burial law should be reformed to stop family rows, says Law Commission – Daily Telegraph

Posted December 15th, 2017 in burials and cremation, families, news, wills by tracey

‘The law must be changed to stop families ignoring the burial wishes of the dead, the Law Commission has said. Currently someone’s wishes have no legal standing even if expressed in a will and family members can overrule them after death if they decide to do something different.’

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Daily Telegraph, 14th Decemeber2017

Source: www.telegraph.co.uk

Families buried wrong bodies after NHS mortuary mix-ups, study reveals – The Independent

Posted November 24th, 2017 in burials and cremation, hospitals, human tissue, mistake, news, reports by tracey

‘Families have been given the wrong bodies to bury or cremate due to serious errors in hospital mortuaries, a study has revealed. Analysis of 132 serious mortuary incidents reported by the NHS between 2002 and 2013 found nine cases where the wrong body was released and had to be exhumed after burial or cremation.’

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The Independent, 24th November 2017

Source: www.independent.co.uk

Aspects of burial law from Brady’s funeral judgment – Law & Religion UK

‘On 13 October, the High Court handed down the judgment Oldham Metropolitan Borough Council & Ors v Robin Makin & Ors [2017] EWHC Case No: HC-2017-002064 (Ch) concerning the arrangements for the disposal of the body of Ian Stewart-Brady, formerly Ian Brady (the “deceased”), one of the infamous Moors murderers. We posted some initial comments based upon the Court’s judgment and the Summary which it produced “to assist in understanding the Court’s decision”.’

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Law & Religion UK, 8th November 2017

Source: www.lawandreligionuk.com

Law and religion round-up – 5th November – Law & Religion UK

‘A week in which the Westminster sexual exploitation scandal continued to claim scalps, there was an important report on House of Lords reform – and Brexit rumbled on’

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Law & Religion UK, 5th November 2017

Source: www.lawandreligionuk.com

Body of Iraq WMD dossier scientist David Kelly exhumed – The Guardian

Posted October 30th, 2017 in burials and cremation, chemical weapons, inquests, Iraq, news, suicide by sally

‘The body of Dr David Kelly, the government chemical weapons expert who killed himself in 2003 after being outed as the source of a BBC story, has been exhumed, police have confirmed.’

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The Guardian, 29th October 2017

Source: www.theguardian.com

Reuse of graves – further considerations – Law & Religion UK

Posted August 11th, 2017 in burials and cremation, faculties, news by tracey

‘Re St Peter Terwick [2017] ECC Chi 2 is a relatively straightforward case concerning the development of a churchyard through the re-use of land formerly used for burial. However, it is important since in addition to the Chancellor’s summary of the diminishing availability of space for burial, the judgment records “the exemplary manner in which the parish has set about converting its aspiration into reality”.’

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Law & Religion UK, 9th August 2017

Source: www.lawandreligionuk.com

Ecclesiastical court judgments – July – Law & Religion UK

‘Review of the ecclesiastical court judgments during July 2017.’

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Law & Religion UK, 3rd August 2017

Source: www.lawandreligionuk.com