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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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Ward Hadaway—Matthew Morton

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Thomson Hayton Winkley—Nina Hood

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
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’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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