Francis Hoar acted for the local authority in the High Court at a review hearing about a body being buried against the wishes of the spouse.
Background to the High Court hearing
In September 2018, the respondent, AC found his husband, Gerhard Venter, dead in a central London park.
The police concluded that the death was unsuspicious as shortly before his death, the deceased had messaged friends inferring that he was considering taking his own life.
An autopsy later identified the cause of death as a drug overdose.
Subsequently in December 2019, the coroner recorded a conclusion of suicide and that there were no concerns about the police investigation.
Local authority’s application
AC’s spouse’s body remained unburied after the coroner’s finding. He had alleged that his husband had been murdered.
Despite threatening court action, including making an application under s 13 Coroners Act 1988 for a review of the coroner’s decision, AC did not issue proceedings or arrange a second post-mortem.
Consequently, the local authority, which was responsible for storing the body, applied to the court for a declaration that it had the power to bury Mr Venter’s body.
At a hearing in July 2024, Francis represented the local authority before Master Davison.
AC’s application for disclosure against third parties was dismissed and the Master ordered that the matter be listed for trial.