HM Coroner for the Eastern District of London, Regina (On the Application of) v Sutovic: Admn 31 Jul 2009

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)
Burial Act 1857 25
England and Wales
CitedRex v Saunders 1719
. .
See AlsoSutovic, 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: . .
CitedReed 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:
CitedJones 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