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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
back-to-top-scroll