header-logo header-logo

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

Local government

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

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll