Exhumation Case Law

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Legal precedents relevant to the case of: Elzbieta Rudewicz -v- Ministry of Justice

Intervening Parties: Save Fawley Court Committee Marian Fathers Charitable Trustees Inc. Fawley Court Old Boys Association 18 Oct 2011 QB Neutral Citation Number: [2011] EWHC 3078 (Admin) C1/2011/2873/C

*Disclaimer: The information on this website was collated at extremely short notice - all readers are advised to independently verify all information herein.

Burial Acts

DO THE BURIAL ACTS APPLY? The answer is almost certainly "No". This appears to raise a crucial cart and horse question about the cases of Foster -v- Dodd 1867 and R -v- Jacobson 1880. In those cases, it appears that the judges first decided, that the properties in question did not meet the required definition of a burial ground, for the purpose of the Burial Acts and ipso facto, the section or sections of any Burial Act could not apply to such properties. Depending on the wording of any specific section, it might well have been illogical and absurd to argue such a case in reverse, i.e. because one section of one Burial Act has no relevance, none of the Burial Acts have any relevance. In both cases, the judges explicitly said that nothing in the Burial Acts applied to the properties in question. There was an obligation on the part of the MoJ to explain long before the hearing, that the Secretary of State had no legitimate power to issue an exhumation licence, when the Burial Act 1857 does not apply to the land in question. There is no possibility of the Secretary of State having arbitrary discretion on when and when not to apply that Act to any land. The Alice Barker Trust had repeatedly drawn to the attention of the government, since the early 1990s, the relevance of case law, particularly Foster -v- Dodd and Another 1867 (LR 3 QB 67-77 Ex. Ch) and R -v- Jacobson 1880 (14 CCC 552-528).

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