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15 November 2007 / Nicholas Dobson
Issue: 7297 / Categories: Features
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Unitary challenges

How far do prerogative powers extend? Nicholas Dobson reports

In an outburst of good cheer, Samuel Johnson apparently once remarked that “when a man knows he is to be hanged in a fortnight, it concentrates his mind wonderfully”. Literally speaking at least, there was no work for the hangman in the government’s announcement on 25 July 2007 that it would implement the nine proposals for unitary local government then specified, once the Local Government and Public Involvement in Health Bill becomes law. However, some authorities did feel they had been hung out to dry in the whole process. And that feeling of twisting in the wind led to the legal challenges which came before Mr Justice Underhill in the Administrative Court on 10 October 2007 in Shrewsbury and Atcham Borough Council and Congleton Borough Council v Secretary of State for Communities and Local Government [2007] EWHC 2279 (Admin), [2007] All ER (D) 124 (Oct).

In addition to the substantive claimant authorities (Shrewsbury and Atcham and Congleton) a number of other authorities were interested parties as potentially affected by the unitary proposals. The claimants—both of which were liable

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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