header-logo header-logo

04 July 2013
Issue: 7567 / Categories: Case law , Law reports , In Court
printer mail-detail

Human tissue—Property—Right of possession

CM v Executor of the Estate of EJ (deceased) and another [2013] EWHC 1680 (Fam), [2013] All ER (D) 148 (Jun)

Family Division, Cobb J, 14 June 2013

The Family Division has an inherent jurisdiction to authorise the removal, storage and use of a deceased’s human tissue samples, and may do so in order to ascertain whether the deceased had in fact been suffering from any serious blood-borne illness that might have been transferred to a person treating the deceased shortly before the death.

James Berry (instructed by RadcliffesLeBrasseur) for CM. The first respondent executor and the coroner were neither present nor represented.

The applicant, CM, was a medical doctor, a consultant and professor at one of London’s principal teaching hospitals. In May 2013, she was driving home, off duty, when she saw the body of the deceased, EJ, lying motionless on the pavement. EJ was seriously injured and had bled profusely. CM performed emergency first aid on EJ but the latter died at the scene. In the course of the resuscitative

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll