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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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