The deceased had died in Serbia, but was buried in Acton. A second inquest had been ordered on the request of the respondent, and an exhumation licence granted for the purposes of a second post mortem examination. The respondent had refused her consent to an exhumation, and the Secretary of State did not confirm the order. The Coroner now challenged that decision.
Held: The Secretary of state’s decision was made on the basis of a long standing policy. The change of mind in the respondent was unfortunate for the claimant but it had been based on conscience. The refusal of a new licence was not irrational.
Tugendhat J, Laws LJ
[2009] EWHC 1974 (Admin)
Bailii
Burial Act 1857 25
England and Wales
Citing:
Cited – Rex v Saunders 1719
. .
See Also – Sutovic, Regina (on the Application Of) v HM Coroner for North London Admn 17-May-2006
The court heard an application for judicial review of the Coroner’s verdict, on the grounds of procedural irregularity and insufficiency of enquiry. The claimant also sought a new review in the light of more recently received evidence.
Held: . .
Cited – Reed v Madon ChD 1989
The existence of exclusive rights of burial gives the owner of a body a right which is to be equated with a right of property, interference with which is actionable
Morritt J described an exclusive right of burial arising under the 1847 Act as . .
Cited by:
Cited – Jones v HM Coroner for The Southern District of Greater London and Another Admn 28-Apr-2010
The mother of the deceased asked for a new inquest, saying that there had been insufficient enquiry. He was an adult suffering Asperger’s syndrome and other difficulties, but had sought and been given excess prescriptions of fentanyl a drug to . .
Lists of cited by and citing cases may be incomplete.
Coroners, Wills and Probate
Updated: 31 October 2021; Ref: scu.368619
