Terra Firma’s Roddy MacLeod successfully represented the applicant in the case of G, Applicant [2025] SAC 23.  The Sherriff Appeal Court decision, referred to in the press as ‘landmark’, is significant as it represents an authoritative review of the law relative to disinterring remains, having regard to an applicant’ rights under the European Convention of Human Rights.

In this case the applicant sought authority to allow the remains of his daughter to be disinterred so that they could be reinterred where the applicant and his wife live.  At first instance the Sheriff refused the application.  Roddy MacLeod acted as counsel for the applicant in the appeal before the Sheriff Appeal Court, which agreed that refusal to grant the warrant would amount to a disproportionate interference with the applicant’s rights under Article 8 ECHR.  The Sheriff Appeal Court allowed the appeal.

The full judgment can be viewed by following the link.