The City of Edinburgh Council v Marcel [2017] ScotCS CSOH_15 (03 February 2017)

The City of Edinburgh Council v Marcel [2017] ScotCS CSOH_15 (03 February 2017)

The statutory conditions under section 50 of the National Assistance Act 1948 are met: the deceased died in the local authority area and no suitable arrangements for burial have been made or are being made by the defender. The local authority is therefore under a statutory duty to dispose of the bodies.

Citation
[2017] ScotCS CSOH_15
Parties
Pursuer: The City of Edinburgh Council; Defender: Melvyn Marcel
Jurisdiction
Scotland
Judgment Date
03 February 2017
Procedural Posture
Application for Decree De Plano Under Section 50 of the National Assistance Act 1948 / Final Judgment
Outcome
Decree by default granted in favour of the pursuer; authority granted to the City of Edinburgh Council to dispose of the bodies of the defender’s parents.
Legal Topics
Burial and Cremation, Statutory Duties of Local Authorities, Default Judgment
Public Law Local Government Law Burial and Cremation Statutory Duties of Local Authorities Default Judgment

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Parties

The City of Edinburgh Council

Pursuer

Melvyn Marcel

Defender

Procedural Posture

Application for Decree De Plano Under Section 50 of the National Assistance Act 1948 / Final Judgment

Legal Issues

  1. 1 Whether the conditions under section 50 of the National Assistance Act 1948 are met for the local authority to assume responsibility for burial of the deceased.
  2. 2 Whether the defender has made or is making suitable arrangements for the disposal of the bodies.

Ratio Decidendi

The statutory conditions under section 50 of the National Assistance Act 1948 are met: the deceased died in the local authority area and no suitable arrangements for burial have been made or are being made by the defender. The local authority is therefore under a statutory duty to dispose of the bodies.

Court Disposition

Decree by default granted in favour of the pursuer; authority granted to the City of Edinburgh Council to dispose of the bodies of the defender’s parents.

Orders

  • Sustain the pursuer’s first and second pleas in law.
  • Repel the pleas in law for the defender.