The Weekly Law Reports
[2012] 3 WLR 901
Court of Appeal
Regina (Rudewicz)
v
Secretary of State for Justice
[2012] EWCA Civ 499
2012 March 28;
April 24
Lord Neuberger of Abbotsbury MR, Stanley Burnton, McFarlane LJJ
Burial— Disinterment— Licence— Remains of priest belonging to Polish branch of Roman Catholic religious order interred in grounds of institution formerly owned by order— Order, supported by its superiors, applying for licence to remove remains to nearby cemetery— Strong objection to grant of licence by distant relative and by Polish community— Secretary of State granting licence— Whether presumption of permanence of burial applicable on application for licence— Whether Convention rights engaged— Whether decision to grant licence proportionate— Whether irrational—
Burial Act 1857 (20 & 21 Vict c 81), s 25
—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 9