The claimant appealed against a refusal of an order refusing him permission to use land for the purposes of an open air cremations, as required by his religion.
Held: His appeal succeeded. The 1902 Act should be interpreted generously in its reference to buildings.
Judges:
Lord Neuberger of Abbotsbury, Master of the Rolls, Lord Justice Moore-Bick and Lord Justice Etherton
Citations:
[2010] EWCA Civ 59, [2010] 7 EG 101, [2011] 1 QB 591, [2010] 3 WLR 737, [2010] PTSR 1003
Links:
Statutes:
Cremation Act 1902, Cremation (England and Wales) Regulations 2008 (SI 2008 No 2841)
Jurisdiction:
England and Wales
Citing:
Cited – Ghai v Newcastle City Council Admn 8-May-2009
The claimant argued that the restrictions on open air cremations as required by his Hindu belief was unreasonable and infringed his human rights.
Held: The burning of a body otherwise than at a crematorium was a criminal offence. The claimant . .
Cited by:
Cited – Doogan and Another v NHS Greater Glasgow and Clyde Health Board SCS 24-Apr-2013
(Extra Division, Inner House) The reclaimers, Roman Catholic midwives working on a labour ward as co-ordinators, sought to assert a right of conscientious objection under the 1967 Act. The respondents said that only those directly involved in the . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate, Human Rights
Updated: 13 August 2022; Ref: scu.396710
