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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

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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