Source: All England Reporter
Publisher Citation: [2008] All ER (D) 201 (May)
Court: Queen's Bench Division
Judge:

Cranston J
Representation Paul Bowen (instructed by Bhatt Murphy) for the claimant.
  Simon Vaughan (instructed by Ian Fisher) for the coroner.
  Jason Smith (instructed by Gregory Abraham Davidson) for the interested party.
Judgment Dates: 15 May 2008

Catchwords

Coroner - Inquest - Custody of body - Paternal father of deceased requesting release of deceased's body for cremation - Deceased's mother making claim for release of body for burial - Whether claimant entitled to release of body - Non-Contentious Probate Rules 1987, r 22.

The Case

Having regard to r 22 of the Non-Contentious Probate Rules 1987 SI1987-2024, and where an issue arose between the claimant paternal father and the coroner, as to whether the claimant was legally entitled to possession of the body of the deceased, in circumstances where, the deceased's mother had sought to secure the release of the deceased's body from the coroner, the claimant had been entitled to secure the release of the deceased's body. In the special circumstances, it was right for the claimant secure the release of L's body. It was also necessary and expedient for the court to make an order in favour of the claimant.

Practice Areas

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