header-logo header-logo

Trouble in the shires

04 September 2008 / Laura West , Jonathan Manning
Issue: 7335 / Categories: Features , Public
printer mail-detail

Should the Crown's powers be limited to prerogative and statute? Laura West and Jonathan Manning report

In R (on the application of Shrewsbury & Atcham Borough Council and another) v Secretary of State for Communities and Local Government [2008] EWCA Civ 148, [2008] All ER (D) 25 (Mar), the Court of Appeal held that a non-statutory scheme used by the secretary of state for communities and local government for the re-organisation of local government in the “shire” areas of England is lawful, notwithstanding the existing statutory scheme but that steps taken under the scheme had no legal effect until passage through Parliament of the Local Government and Public Involvement in Health Act 2007.

Background

In October 2006 the secretary of state announced her intention to reorganise local government in selected areas of England to remove two-tier structures, ie county and borough councils in the same areas, replacing them with unitary authorities so as to improve service delivery and to make costs savings. She simultaneously published a white paper and a document

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—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll