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England and Wales High Court (Chancery Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Hartshorne v Gardner [2008] EWHC B3 (Ch) (14 March 2008) URL: https://www.bailii.org/ew/cases/EWHC/Ch/2008/B3.html Cite as: [2008] Fam Law 985, [2008] 2 FLR 1681, [2008] EWHC 3675 (Ch), [2013] Inquest LR 1, [2008] WTLR 837, [2008] EWHC B3 (Ch) |
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CHANCERY DIVISION
BIRMINGHAM DISTRICT REGISTRY
B e f o r e :
Sitting as a Deputy High Court Judge
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DERICK HARTSHORNE |
Claimant |
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- and - |
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GILLIAN HELEN MONICA GARDNER |
Defendant |
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Miss Emma Kelly for the Defendant, instructed by Thursfields, Worcester
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Crown Copyright ©
" . . . there seems to be no doubt that Mrs Holtham on the one side and the family on the other both feel very strongly that it is their right and duty to conduct the funeral. I think it is virtually impossible for a court to express any moral judgment as between them. The relationship between a man in the position of Mr Arnold and Mrs Holtham on the one hand and his family on the other are in the nature of things extremely difficult for an outsider to penetrate . . . Indeed, I think it is a matter on which it would almost be presumptuous to try to explore. In those circumstances the only course really open to the court is to decide the matter according to law . . . ".
Sonia Proudman QC