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14 May 2021 / Mark Pawlowski
Issue: 7932 / Categories: Features , Property , Wills & Probate
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Ashes to ashes, dust to dust: property rights in body parts

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Mark Pawlowski considers whether English law recognises property rights in a dead body or bodily parts
  • English and Commonwealth caselaw on the recognition of dead bodies, body parts and bodily products as ‘property’.

The general rule is that when a human being dies, property in their body does not vest in anyone, although certain persons have duties, and thus rights, with respect to it. In Williams v Williams (1882) 20 Ch D 659, at p664, Kay J stated: ‘The law of this country recognises no property in a corpse’. It is for this reason that testamentary directions with regard to the disposal of one’s corpse (‘I wish to be cremated and my ashes scattered . . .’) are, at best, precatory.

In Dobson v North Tyneside Health Authority [1996] 4 All ER 474, the Court of Appeal confirmed the orthodox view that, subject to certain limited exceptions, there is no property in a dead body under English law. The case concerned a

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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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