Q&As

Can you bring a claim for breach of statutory duty under the Local Authorities’ Cemeteries Order 1977 when cemetery records have not been kept accurately?

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Published on LexisPSL on 04/09/2018

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Can you bring a claim for breach of statutory duty under the Local Authorities’ Cemeteries Order 1977 when cemetery records have not been kept accurately?
  • Commencing an action for breach of statutory duty
  • Statutory provisions of the Local Authorities’ Cemeteries Order 1977
  • Records and registers

You may find useful Practice Note: Negligence—breach of statutory duty which considers when it might be possible to bring a claim in negligence for breach of a statutory duty, including the nature of the liability, the tests to apply in determining whether or not such liability arises, the standard of liability and defences thereto.

Commencing an action for breach of statutory duty

If the statute expressly provides for a claim in damages, the position will normally be straightforward.

Whether a claim will be available if there is no such provision is said to depend upon the intention of Parliament, which is to be ascertained by constru

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