Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles

CORONER: Borrows v HM Coroner for Preston (McManus Interested Party)

Sep 29, 2018, 17:12 PM
Slug : borrows-v-hm-coroner-for-preston-mcmanus-interested-party
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : May 15, 2008, 04:22 AM
Article ID : 87329

(Queen's Bench Division; Cranston J; 15 May 2008)

In releasing a body to a family member the coroner would, if there were no executor or administrator, simply apply the order of priority set out Non-Contentious Probate Rules 1987 SI 2024, r 22; however, if someone lower in that order of priority, or not there at all, advanced a claim to determine the mode and place of disposal of the body, even where other members of the family objected, the coroner would need to consider that claim. Mediation would often resolve the issue, but if a compromise was not possible, coroners needed to make a decision. In exercising the discretion to vary the order of priority, under Supreme Court Act 1981, s 116, the first stage was to identify any special circumstances, including the wishes of the deceased. The second stage was to decide whether any such special circumstances justified a variation of the order of priority, in that they made it necessary or expedient for the court to vary the priority. Special circumstances in this case included the mother's long-term drug addiction, which made her incapable of handling the funeral arrangements, the child's expressed wish to be cremated; the mother's willingness until the eve of the trial to override those clear wishes; the child's strong bond with the relatives who had cared for him for many years and who had become his psychological parents; and the child's contacts within his local community. It was necessary for the mother's rights to be displaced; her drug addiction was determinative, because it meant that she was incapable of assuming the responsibility.

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from