Source: All England Reporter
Publisher Citation: [2007] All ER (D) 238 (Feb)
Court: York Consistory Court
Judge:

Chancellor Peter Collier QC
Judgment Dates: 10 January 2007

Catchwords

Ecclesiastical law - Faculty - Jurisdiction - Exhumation and reinterment of human remains - Petition presented as part of piece of bona fide medical/scientific research - Evidence of public benefit - Whether public benefit that might ensue from proposed research displacing presumption against exhumation.

The Case

When balancing the factors to be considered upon a petition for exhumation the court was entitled to have regard to the significance of the public benefit that might ensue from the proposed research. If the public benefit was only in terms of increased historical knowledge then grounds that were very weighty and had a high likelihood of success were required; whereas if the public benefit was in terms of possibly providing answers about and advances in the treatment of dangerous diseases, then grounds of less weight and with perhaps an uncertain chance of success might suffice.

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