header-logo header-logo

Beyond well-being

04 February 2010 / Colin Crawford
Issue: 7403 / Categories: Features , Public
printer mail-detail

Colin Crawford suggests how to meet the growing demand for a power of general competence

The well-being power under Pt 1 of the Local Government Act 2000 represented an attempt to free local government from the restrictions imposed by the particularised statutory framework and narrow interpretations adopted by the judiciary, particularly in a number of decisions in the 1980s and 1990s.

However, the recent Court of Appeal decision in Risk Management Partners Ltd and others v Brent London Borough Council (LAML)[2009] EWCA Civ 490, [2009] All ER (D) 109 (Jun) not only adopted a restrictive approach to the use of the power in relation to the council’s participation in a mutual insurance company, but it has also adopted a restrictive approach to the power in general, affirming the relevance of the narrow interpretations in cases concerning s 111 of the Local Government Act 1972, which the well-being power was designed to avoid.

While s 34 of the Local Democracy, Economic Development and Construction Act 2009 has provided a solution to the particular problem by permitting local authorities to participate in mutual insurance companies, and there

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll