Oldham Metropolitan Borough Council & Ors v Makin & Ors

Oldham Metropolitan Borough Council & Ors v Makin & Ors

Special circumstances existed requiring the court to appoint an administrator under Section 116 for the limited purpose of disposing of the deceased’s body, given the public interest, risk of unrest, and lack of agreement among parties. The court has inherent jurisdiction to direct the method of disposal. The deceased’s wishes are outweighed by the need to avoid public offence and unrest. The court directed cremation without ceremony or music, and disposal of ashes at sea by the appointed administrator.

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
Civil / Final Judgment
Outcome
Administrator appointed for limited purpose; detailed directions for disposal of body and ashes issued.
Legal Topics
Disposal of Human Remains, Executor Duties, Local Authority Statutory Obligations, Open Justice, Privacy in Court Proceedings
Probate Public Health Administrative Law Disposal of Human Remains Executor Duties Local Authority Statutory Obligations Open Justice Privacy in Court Proceedings

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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

Civil / Final Judgment

Legal Issues

  1. 1 Whether Sefton Metropolitan Borough Council's statutory duty under Section 46 of the Public Health (Control of Disease) Act 1984 to dispose of the deceased's body was triggered
  2. 2 Whether the court should appoint an administrator under Section 116 of the Senior Courts Act 1981 for the limited purpose of disposing of the deceased's body
  3. 3 Whether the court has inherent jurisdiction to direct the method and manner of disposal of the deceased's remains

Ratio Decidendi

Special circumstances existed requiring the court to appoint an administrator under Section 116 for the limited purpose of disposing of the deceased’s body, given the public interest, risk of unrest, and lack of agreement among parties. The court has inherent jurisdiction to direct the method of disposal. The deceased’s wishes are outweighed by the need to avoid public offence and unrest. The court directed cremation without ceremony or music, and disposal of ashes at sea by the appointed administrator.

Court Disposition

Administrator appointed for limited purpose; detailed directions for disposal of body and ashes issued.

Orders

  • Ms Stewart appointed as administrator under Section 116 for disposal of deceased’s body.
  • Deceased’s body to be cremated by Sefton at Southport municipal crematorium no later than 27 October 2017, in a spare cremator, out of normal hours.