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11 December 2008 / Nicholas Dobson
Issue: 7349 / Categories: Features , Local government , Public
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Bad behaviour

Injunction or ASBO? A council’s dilemma, by Nicholas Dobson

Before the advent of s 222 of the Local Government Act 1972 (LGA 1972),
local authorities were not considered competent to bring public interest proceedings in their own name. This was despite s 276 of the Local Government Act 1933 (LGA 1933), which provided that: “Where a local authority deem it expedient for the promotion or protection of the interests of the inhabitants of their area, they may prosecute or defend any legal proceedings.”

Case law authority (latterly Prestatyn UDC v Prestatyn Raceway Ltd [1969] 3 All ER 1573) held that the terms of s 276 were not sufficiently explicit to enable a local authority to bring proceedings in its own name. At common law, what was expected in these circumstances was that the attorney general would institute proceedings to uphold public rights and duties either acting ex officio or through a “relator action”, ie one in which the attorney general proceeded to assert a public right on the relation of a private person or a

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MOVERS & SHAKERS

Irwin Mitchell—Louisa Donaghy

Irwin Mitchell—Louisa Donaghy

National military team expands in Leeds with legal director appointment

Taylor Wessing—Jamie Humphreys

Taylor Wessing—Jamie Humphreys

Disputes and investigations team welcomes product liability partner hire

Spector Constant & Williams—Michael Michaeloudis and team

Spector Constant & Williams—Michael Michaeloudis and team

London firm launches employment department with four-lawyer team hire

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Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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