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23 February 2012
Issue: 7502 / Categories: Case law , Law digest , In Court
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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 the formal business of the council. There was no specific

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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