BUSINESS & PROPERTY COURTS OF ENGLAND & WALES
CHANCERY DIVISION
Rolls Building, 7 Rolls Buildings, Fetter Lane, London, EC4A 1NL |
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B e f o r e :
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PAUL ANTHONY READ |
Claimant |
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- and - |
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(1) JULIE KAREN HOAREAN (2) HIS MAJESTY'S CORONER FOR BERKSHIRE |
Defendants |
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2nd Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP.
Telephone No: 020 7067 2900. DX 410 LDE
Email: info@martenwalshcherer.com
Web: www.martenwalshcherer.com
The First Defendant appeared In Person and supported by a McKenzie Friend
The Second Defendant was not present or represented
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Crown Copyright ©
CHIEF MASTER SHUMAN:
[In order to give Ms Hoarean a break, I am going to now have a break for five minutes, so I will resume in five minutes. If Ms Hoarean needs a longer time please just let my Clerk know and I will break for 10 minutes, if necessary.]
(Following a short adjournment)
"The most important consideration is that the body be disposed of with all proper respect and decency and, if possible, without further delay. Subject to that overriding consideration, it seems to me that there are two types of factors that are relevant in the present case. First, those that do or might be expected to reflect the wishes of the deceased himself. Secondly, those that reflect the reasonable wishes and requirements of family and friends who are left."
"I turn first to the question of what the deceased may have been taken to have wanted in respect of funeral arrangements. There was some evidence from a friend of the Defendant's, Mrs Gibbons, who was not available for cross-examination but whose witness statement I did read, said that the deceased expressed a revulsion to burial… I have little doubt, taking the evidence as a whole, that the deceased had no reason to and did not contemplate his own death or what arrangements he would want."
"I think that the appropriate case here is that Mark's ashes should be returned to the Nuneaton area and I am greatly heartened at the proposal that they be scattered at the Nuneaton Crematorium. First, it is a place where all the family can have some focus. Secondly, it is a place where Mark's paternal grandfather's ashes have been scattered and therefore has a natural focus for Mark's family and father himself to attend. Thirdly, taking everything into account, it seems to me the appropriate place is one where all members of the family can come together to see a fitting memorial to Mark's life. I reject the submission of dividing the ashes as wholly inappropriate."
[ I am now going to give Ms Hoarean another break. It is 3.08. What I propose to do is that I will resume again at 3.25. Please send a message if that is a problem for any party. I will break now and resume at 3.25.]
(Following a short adjournment)