| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 293 (Feb) |
| Neutral Citation: | [2009] EWHC 3574 (QB) |
| Court: | Queen's Bench Division |
| Judge: | Silber J |
| Representation | The claimant appeared in person. |
| Michael Mylonas (instructed by Phill Elliott at Medway Foundation NHS Trust) on behalf of the respondent. | |
| Judgment Dates: | 19 November 2009 |
Catchwords
Executor and administrator - Action - Action by - Responsibility for burial - Personal representative obtaining injunction restraining burial of deceased - Whether personal representative having right to body of deceased - Whether right to retain body absolute - Whether body of deceased should be buried.
The Case
Executor and administrator Action. The Queen's Bench Division held, in deciding whether or not to extend an injunction prohibiting the respondent trust from disposing the body of the deceased, that the right of the personal representative to retain a corpse for burial was subject to a requirement of reasonableness. As the body had been held by the trust since 2006 and there was no good reason for not burying it. The injunction would not be continued.
Practice Areas
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