Oakes and another v East Kent Hospitals NHS Trust

Burial – Body. The Chancery Division dismissed an appeal by parents of a deceased to set aside a decision by a deputy judge declaring that the claimant NHS Trust had lawful possession of the body of the deceased and was entitled to make arrangements for the funeral and disposal of the same. Among other things, there was no fair and reasonable basis for the conclusion that the post-mortem of the deceased had been misconducted and no extant proceedings, which would require the body either as evidence or to conduct further tests upon.

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