University Hospital Lewisham NHS Trust v Hamuth and others: ChD 23 Jan 2006

The body of the deceased had been retained by the hospital pending resolution of legal proceedings relating to his death. No grant had been yet obtained in the estate.
Held: In the absence of anybody else with authority, the hospital having charge of it, has both the duty and the right to decide on how the body should be dealt with.


Hart J


[2006] EWHC 1609 (Ch)




England and Wales


CitedFessi v Whitmore 1999
The place with which the deceased had the closest connection is relevant as to the decision as to his or her ultimate resting place. . .

Cited by:

CitedHartshorne v Gardner ChD 14-Mar-2008
The deceased died in a motor accident, aged 44. The parties, his mother and father, disputed control over his remains, and requested an order from the court.
Held: The court has such an inherent jurisdiction. Since the claimants had an equal . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 24 November 2022; Ref: scu.245413