R (on the application of Ghai) v Newcastle City Council (Ramgharia Gurdwara, Hitchin and another intervening) [2010] EWCA Civ 59, [2010] All ER (D) 106 (Feb)
Court of Appeal, Civil Division, Lord Neuberger MR, Moore-Bick and Etherton LJJ, 10 February 2010
It may be possible for a cremation according to Hindu beliefs to be permitted under the Cremation Act 1902 (CA 1902) and the Cremation (England and Wales) Regulations 2008, SI 2008/2841 (CR 2008); a traditional structure may qualify as a building under the relevant provisions.
Ramby de Mello and Tony Muman (instructed by J M Wilson Solicitors) for the claimant. John McGuinness QC (instructed by Valerie Dodds) for the authority. Jonathan Swift and Joanne Clement (instructed by the Treasury Solicitor) for the Secretary of State.Satvinder Singh Juss (instructed by the Bar Pro Bono Unit) for the first intervener. Richard Drabble QC, Eric Fripp and Ellis Wilford (instructed by Simons Muirhead & Burton) for the second intervener. Helen Mountfield (instructed by the Equality & Human Rights Commission) for the third intervener. Adrian Berry (instructed by Wilson Barca Solicitors) for the fourth intervener.
After he died, the claimant