Patterson v Butler & Anor [2001] ScotCS 282 (11 December 2001)

Patterson v Butler & Anor [2001] ScotCS 282 (11 December 2001)

Petitioner proved exclusive right of burial in Lair 906; remains of Margaret Dunn or Black and Peter Butler junior were wrongly interred; disinterment is practicable and legally justified; court's discretion exercised in favour of enforcing petitioner's right; order for disinterment granted.

Citation
[2001] ScotCS 282
Parties
Petitioner: Joseph Paterson; First Respondent: Catherine Butler; Second Respondent: North Lanarkshire Council
Jurisdiction
Scotland
Judgment Date
11 December 2001
Procedural Posture
Petition / Final Judgment
Outcome
petition granted
Legal Topics
Exclusive Burial Rights, Disinterment, Cemetery Management, Contractual Remedies
Property Law Burial Law Civil Procedure Exclusive Burial Rights Disinterment Cemetery Management Contractual Remedies

Case Brief

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Parties

Joseph Paterson

Petitioner

Catherine Butler

First Respondent

North Lanarkshire Council

Second Respondent

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether the petitioner holds exclusive right of burial in Lair 906
  2. 2 Whether remains were wrongly interred in Lair 906
  3. 3 Whether disinterment is legally and practically permissible

Ratio Decidendi

Petitioner proved exclusive right of burial in Lair 906; remains of Margaret Dunn or Black and Peter Butler junior were wrongly interred; disinterment is practicable and legally justified; court's discretion exercised in favour of enforcing petitioner's right; order for disinterment granted.

Court Disposition

petition granted

Orders

  • Authority granted to disinter remains of Margaret Dunn or Black and Peter Butler junior from Lair 906.
  • Remains to be re-interred in accordance with wishes of Butler family.