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04 September 2008 / Laura West , Jonathan Manning
Issue: 7335 / Categories: Features , Public
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Trouble in the shires

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

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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