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07 September 2012 / Nicholas Dobson
Issue: 7528 / Categories: Features , Local government , Public , Community care
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No carte blanche

Nicholas Dobson highlights a case where property rights trumped the local authority well-being power

In times past, generic local authority legal powers were rare as desert water. However, all that changed in 2000 when Pt 1 of the Local Government Act 2000 (LGA 2000) introduced the well-being power. This enabled authorities to do anything likely to promote or improve the economic, social or environmental well-being of their area or inhabitants.

Although the LAML decision of the Court of Appeal in June 2009 (Brent LBC v Risk Management Partners Limited and London Authorities Mutual Limited and Harrow London Borough Council as interested parties [2009] EWCA Civ 490, [2009] All ER (D) 109 (Jun)) had punctured the confidence of many authorities in the well-being power, the Localism Act 2011 (LA 2011) has now given birth to a bright and bouncing new all-purpose measure designed to set authorities free from the rusty chains of constricting vires. This is the general power of competence in Pt 1 of LA 2011 which (in soundbite overview) gives local authorities power to do anything anywhere that individuals generally

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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