Borrows v HM Coroner for Preston

Borrows v HM Coroner for Preston

Special circumstances exist, including the natural mother's incapacity due to addiction, the deceased's clear wishes for cremation, and the psychological parent relationship, making it necessary to displace the statutory priority and grant the right to make funeral arrangements to Mr Burrows under s.116 Supreme Court Act 1981.

Parties
Claimant: Kevin Borrows; Defendant: HM Coroner for Preston; Interested Party: Joan McManus
Jurisdiction
England and Wales
Judgment Date
15 May 2008
Procedural Posture
Judicial Review / Final Judgment and Order
Outcome
Claimant declared entitled to grant of administration for funeral arrangements; body to be released to Claimant; reporting restrictions lifted; no order for costs except detailed assessment for publicly funded parties.
Legal Topics
Funeral Arrangements, Priority of Administration, Article 8 ECHR, Special Circumstances Under S.116 Supreme Court Act 1981
Family Law Probate Law Human Rights Funeral Arrangements Priority of Administration Article 8 ECHR Special Circumstances Under S.116 Supreme Court Act 1981

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Parties

Kevin Borrows

Claimant

HM Coroner for Preston

Defendant

Joan McManus

Interested Party

Procedural Posture

Judicial Review / Final Judgment and Order

Legal Issues

  1. 1 Who has the right to make funeral arrangements for a deceased minor where natural parent and psychological parent are in dispute
  2. 2 Whether special circumstances justify displacement of statutory priority under Rule 22 Non Contentious Probate Rules
  3. 3 Impact of Article 8 ECHR on domestic law regarding funeral arrangements

Ratio Decidendi

Special circumstances exist, including the natural mother's incapacity due to addiction, the deceased's clear wishes for cremation, and the psychological parent relationship, making it necessary to displace the statutory priority and grant the right to make funeral arrangements to Mr Burrows under s.116 Supreme Court Act 1981.

Court Disposition

Claimant declared entitled to grant of administration for funeral arrangements; body to be released to Claimant; reporting restrictions lifted; no order for costs except detailed assessment for publicly funded parties.

Orders

  • Claimant entitled under s.116 Supreme Court Act 1981 to grant of letters of administration for funeral arrangements and disposal of cremated remains.
  • Defendant to make cremation order and release body to Claimant.