Oldham Metropolitan Borough Council & Ors v Makin & Ors [2017] EWHC 2543 (Ch) (13 October 2017)

Oldham Metropolitan Borough Council & Ors v Makin & Ors [2017] EWHC 2543 (Ch) (13 October 2017)

Special circumstances and public interest justified appointment of an administrator under Section 116 for disposal of the deceased’s body. The court has inherent jurisdiction to direct the method of disposal. Sefton’s duty under Section 46 was not triggered as it had not formed the requisite view. Detailed...

Source-derived case information.

Citation
[2017] EWHC 2543 (Ch)
Parties
Claimant: Oldham Metropolitan Borough Council; Claimant: Tameside Metropolitan Borough Council; Defendant: Robin Makin; Defendant: Royal Liverpool & Broadgreen University Hospital NHS Trust; Defendant: Sefton Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
13 October 2017
Procedural Posture
Estate Administration / Public Health / Final Judgment
Outcome
Administrator appointed under Section 116; detailed directions for disposal of body issued.
Legal Topics
Disposal of Human Remains, Appointment of Administrator, Open Justice, Inherent Jurisdiction, Public Order
Probate Public Health Administrative Law Disposal of Human Remains Appointment of Administrator Open Justice Inherent Jurisdiction Public Order

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Parties

Oldham Metropolitan Borough Council

Claimant

Tameside Metropolitan Borough Council

Claimant

Robin Makin

Defendant

Royal Liverpool & Broadgreen University Hospital NHS Trust

Defendant

Sefton Metropolitan Borough Council

Defendant

Procedural Posture

Estate Administration / Public Health / Final Judgment

Legal Issues

  1. 1 Has Sefton’s duty under Section 46 of the Public Health (Control of Disease) Act 1984 been triggered?
  2. 2 Should the court appoint an administrator under Section 116 of the Senior Courts Act 1981?
  3. 3 Can the court give detailed directions as to the disposal of the deceased’s remains?

Ratio Decidendi

Special circumstances and public interest justified appointment of an administrator under Section 116 for disposal of the deceased’s body. The court has inherent jurisdiction to direct the method of disposal. Sefton’s duty under Section 46 was not triggered as it had not formed the requisite view. Detailed directions for disposal were necessary to avoid public offence and unrest.

Court Disposition

Administrator appointed under Section 116; detailed directions for disposal of body issued.

Orders

  • Ms Sandra Stewart appointed as administrator for limited purpose of disposing of deceased’s body.
  • Deceased’s body to be cremated by Sefton at Southport municipal crematorium no later than 27 October 2017, out of normal hours, in a spare cremator.