The recently reported case Re Bingham Cemetery (No. 2) [2025] ECC S&N 3 concerns an application by Mrs Rita Elizabeth Harbury-Carlisle, otherwise Lady Rita Harbury-Carlisle, (‘Rita’) seeking the exhumation of the remains of her sister Valerie Allsop (‘Valerie’) and her father Eugene Arthur Allsop (‘Eugene’) from their grave in Bingham cemetery. Whilst the Chancellor could find no exceptional circumstances to justify the grant of a faculty for this recent petition, the judgment includes a discussion of the doctrine of res judicata –  “a matter judged”, the legal doctrine that prevents the same parties from relitigating a claim or issue that has already been decided by a competent court. The judgment also includes a further consideration of the application of Re Blagdon Cemetery [2002] Fam 299 and Re Christ Church Alsager [1999] Fam 142. Continue reading →