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26 April 2024 / Athelstane Aamodt
Issue: 8068 / Categories: Features , Public , Procedure & practice
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The laws of death

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How do we regulate the treatment of the dead? Athelstane Aamodt digs up the truth

The allegations that have been made about Legacy Independent Funeral Directors in Hull have caused a great deal of shock, not least to the bereaved families who—so it is claimed—received cremated remains that were not those of the loved one that they had lost. Two suspects were arrested and released on police bail.

Among the offences that the two suspects are thought to have committed is prevention of a lawful and decent burial, which is, like murder, an offence that only exists at common law. The offence, as is typical with old common-law offences, is capable of being punished with a fine and/or a prison sentence, neither of which has any limit. Prosecutions for this offence are rare. The Swedish billionaire Hans Kristian Rausing was convicted of it in 2012. (He did not alert the authorities about the death of his wife for two months.) He pleaded guilty and received a suspended sentence.

Burial & regulation

The

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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