header-logo header-logo

Local government

23 February 2012
Issue: 7502 / Categories: Case law , Law digest , In Court
printer mail-detail

R (on the application of the National Secular Society and another) v Bideford Town Council [2012] EWHC 175 (Admin), [2012] All ER (D) 79 (Feb)

Section 111 of the Local Government Act 1972 was the statutory expression of the powers implied by common law for corporations. Even if an act could have fallen into a category outside s 111 but for which no statutory authority was required at all, saying prayers would not have been one of them. That section required the prior identification of the function to which the acts in issue were incidental. The council had had no power to hold prayers as part of a formal council meeting, or to summon councillors to a meeting at which such prayers were on the agenda. Section 111 of the Act had not permitted the public saying of prayers as part of the formal meeting of the council as an incident of the transaction of its business.

On the evidence, it was clear that the saying of prayers took place, and was intended to take place, as part of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Kingsley Napley—Tristan Cox-Chung

Kingsley Napley—Tristan Cox-Chung

Firm bolsters restructuring and insolvency team with partner hire

Foot Anstey—Stephen Arnold

Foot Anstey—Stephen Arnold

Firm appoints first chief client officer

Mewburn Ellis—Aled Richards-Jones

Mewburn Ellis—Aled Richards-Jones

IP firm welcomes experienced patent litigator as partner

NEWS
Solicitors are installing panic buttons and thumb print scanners due to ‘systemic and rising’ intimidation including death and arson threats from clients
Ministers’ decision to scrap plans for their Labour manifesto pledge of day one protection from unfair dismissal was entirely predictable, employment lawyers have said
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
back-to-top-scroll