Burial law is threatening archaeological research, say experts – The Guardian

Posted October 11th, 2010 in burials and cremation, news by sally

“Severe restrictions on scientists’ freedom to study bones and skulls from ancient graves are putting archaeological research in Britain at risk, according to experts.”

Full story

The Guardian, 10th October 2010

Source: www.guardian.co.uk

Lichfield diocese burial rule change after grave mix-up – BBC News

Posted April 8th, 2010 in burials and cremation, Church of England, news by sally

“Burial rules in a West Midlands diocese have been changed after a mix-up with grave plots which led to a court ordering an exhumation.”

Full story

BBC News, 7th April 2010

Source: www.bbc.co.uk

R (Ghai) v Newcastle upon Tyne City Council (Ramgharia Gurdwara, Hitchin and others intervening) – WLR Daily

Posted February 15th, 2010 in burials and cremation, law reports by sally

R (Ghai) v Newcastle upon Tyne City Council (Ramgharia Gurdwara, Hitchin and others intervening) [2010] EWCA Civ 59; [2010] WLR (D) 36

“The aims of the provisions of the Cremation Act 1902 were to ensure that cremations were subject to uniform rules throughout the country, to enable the Secretary of State to regulate the manner and places in which cremations were carried out, to require a crematorium to be a building which was appropriately equipped and to ensure that a crematorium was not located near homes or roads. Further, the Act envisaged that crematoria would be constructed, so that, provided a structure was relatively permanent and substantial so that it could properly be said to have been constructed and provided it could normally be so described, the structure would be a ‘building’ within s 2 giving that word its natural and wide meaning.”

WLR Daily, 12th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hindu asks appeal court for open-air cremation – The Independent

Posted January 18th, 2010 in burials and cremation, news by sally

“A Hindu takes his legal battle for the right to be cremated on a traditional open-air funeral pyre to the Court of Appeal today.”

Full story

The Independent, 18th January 2010

Source: www.independent.co.uk

Court to decide over burial error – BBC News

Posted December 2nd, 2009 in burials and cremation, news by sally

“A church court is to decide whether to exhume a man’s body after he was buried in a plot reserved for a widow of another man.”

Full story

BBC News, 2nd December 2009

Source: www.bbc.co.uk

Who decides who owns your body? – BBC News

Posted June 24th, 2009 in burials and cremation, inquests, news by sally

“Steve Blum’s son Christopher was buried last November but he did not go to the funeral.

Mr Blum, who has always disputed the the pathologists’ finding of cot death as the cause of four-month-old Christopher’s death, wanted his son to remain in the North London mortuary where he had lain for 21 years until he could have the inquest he feels his son deserves.”

Full story

BBC News, 23rd June 2009

Source: www.bbc.co.uk

Regina (Ghai) v Newcastle upon Tyne City Council – Times Law Reports

Regina (Ghai) v Newcastle upon Tyne City Council

Queen’s bench Division

“The orthodox Hindu belief in the necessity of open-air cremation as a manifestation of belief within the meaning of article 9 of the European Convention on Human Rights was limited by statutory provisions which were justified under article 9.2 of the Convention.”

The Times, 18th May 2009

Source: www.timesonline.co.uk

R (Ghai) v Newcastle City Council (Ramgharia Gurdwara, Hitchin and another intervening) – WLR Daily

Posted May 14th, 2009 in burials and cremation, human rights, judicial review, law reports by sally

R (Ghai) v Newcastle City Council (Ramgharia Gurdwara, Hitchin and another intervening)

“The burning of human remains other than in a crematorium was a criminal offence under ss 2 and 8 of the Cremation Act 1902 and regs 2(1) and 13 of the Cremation (England and Wales) Regulations 2008 (SI 2008/2841). Cremation of an orthodox Hindu on an open air pyre was a manifestation of his belief within the meaning of art 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the statutory provisions on cremation limited his freedom to manifest that belief. The statutory provisions governing open air funeral pyres were, however, justified under art 9(2) on the grounds of the protection of public morals and the rights and freedoms of others.”

WLR Daily, 13th May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Devout Hindu loses cremation bid – BBC News

Posted May 8th, 2009 in burials and cremation, human rights, judicial review, news by sally

“A bid by a devout Hindu for the legal right to be cremated on a traditional open-air funeral pyre has been rejected by the High Court in London.”

Full story

BBC News, 8th May 2009

Source: www.bbc.co.uk

Hindu elder in High Court bid for open-air cremation – Daily Telegraph

Posted March 24th, 2009 in burials and cremation, news by sally

“In a test case on religious burials, Davender Ghai, aged 70, is challenging a refusal by Newcastle City Council to permit him to be cremated according to his Hindu faith.”

Full story

Daily Telegraph, 24th March 2009

Source: www.telegraph.co.uk

Stop unnecessary staking says minister – Ministry of Justice

Posted January 21st, 2009 in burials and cremation, health & safety, press releases by sally

“Too many burial grounds operators are staking or laying down memorials which are not a serious risk to the public. New guidance published today by Justice Minister Bridget Prentice makes it clear this should only be done as a last resort.”

Full press release

Ministry of Justice, 16th January 2009

Source: www.justice.gov.uk

MP’s victory over grave toppling – BBC News

Posted January 21st, 2009 in burials and cremation, health & safety, news by sally

“New guidelines to help assess the safety of gravestones after councils carried out ‘over-zealous’  topple-testing have been welcomed by an MP.”

Full story

BBC News, 20th January 2009

Source: www.bbc.co.uk

Bereaved families get right to inspect medical forms in cremations cases – Ministry of Justice

Posted December 18th, 2008 in burials and cremation, medical records, press releases by sally

“The right of families to inspect medical forms of a deceased relative completed by doctors before cremation takes place will start on 1 January 2009, Justice Minister Bridget Prentice said.”

Full story

Ministry of Justice, 17th December 2008

Source: www.justice.gov.uk

Mother’s campaign changes the law – BBC News

Posted December 5th, 2008 in burials and cremation, coroners, news by sally

“A Dorset mother forced to wait 18 months to bury her two-year-old son has been celebrating after her six-year campaign led to a change in the law.”

Full story

BBC News, 4th December 2008

Source: www.bbc.co.uk

Cremation Regulations 2008: Your right to inspect the medical certificates – Ministry of Justice

Posted November 7th, 2008 in burials and cremation, news by sally

“The Cremation Regulations 2008 come into effect on 1 January 2009. They modernise and consolidate all previous regulations, replacing the Cremation Regulations 1930 as amended.”

Full story

Ministry of Justice, 7th November 2008

Source: www.justice.gov.uk

Bereaved families get new rights to avoid another Shipman – Ministry of Justice

Posted November 3rd, 2008 in burials and cremation, news by sally

“New Cremation Regulations designed to help prevent another Harold Shipman-type murder have been published today.”

Full story

Ministry of Justice, 3rd November 2008

Source: www.justice.gov.uk

Father wins ruling to stop baby son being buried 22 years after his death – Daily Telegraph

Posted September 26th, 2008 in burials and cremation, news by sally

“A judge ruled that Enfield Council should not bury Christopher Blum for at least three weeks to give his father time to prepare a legal case.”

Full story

Daily Telegraph, 25th September 2008

Source: www.telegraph.co.uk

Body row to go to European court – BBC News

Posted September 25th, 2008 in burials and cremation, news by sally

“The family of a Liverpool man stabbed to death in Spain are to go to the European Court of Human Rights in their campaign to help bring his body home.”

Full story

BBC News, 24th September 2008

Source: www.bbc.co.uk

Council to bury 21-year-old remains of infant without family consent – The Guardian

Posted September 24th, 2008 in burials and cremation, news by sally

“The remains of a baby boy that have been kept in a mortuary for 21 years will be buried on Friday without any relatives present after his family withdrew their consent for the funeral to go ahead.”

Full story

The Guardian, 24th September 2008

Source: www.guardian.co.uk

Baby in mortuary since 1987 to be buried by council – The Guardian

Posted July 28th, 2008 in burials and cremation, news by sally

“The remains of a baby boy that have been in a mortuary for more than 21 years because his parents refused to register his death are to be buried by a council without their consent.”

Full story

The Guardian, 28th July 2008

Source: www.guardian.co.uk