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01 February 2013 / Keith Davies
Issue: 7546 / Categories: Features , Local government , Public
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Parish pump, prayers & politics

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Keith Davies considers the vexed question of whether prayers should be said at town council meetings

“Corporations have neither bodies to be punished, nor souls to be condemned, they therefore do as they like.”—Lord Chancellor Thurlow, member of the government of William Pitt the Younger, (1783-1801) quoted in John Poynder, Literary Extracts, 1844.

Or, as the alternative, more convincing version of this quote goes: “Did you ever expect a corporation to have a conscience, when it has no soul to be damned and no body to be kicked?” (true vintage Thurlow-speak, surely?)

Such pithy remarks apply to companies, public corporations, local councils—bodies of all kinds, in fact, which possess corporate status. These classic statements of Thurlow’s law, in fact, were not used in argument in a recent case decided in the Queen’s Bench Division of the High Court, R (on the application of the National Secular Society) v Bideford Town Council [2012] 2 All ER 1175, [2012] EWHC 175. This was a successful claim for judicial review of the

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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