header-logo header-logo

Bad behaviour

11 December 2008 / Nicholas Dobson
Issue: 7349 / Categories: Features , Local government , Public
printer mail-detail

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

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

Kennedys—Samson Spanier

Kennedys—Samson Spanier

Commercial disputes practice bolstered by partner hire

Bird & Bird—Emma Radcliffe

Bird & Bird—Emma Radcliffe

London competition team expands with collective actions specialist hire

Hill Dickinson—Chris Williams

Hill Dickinson—Chris Williams

Commercial dispute resolution team in London welcomes partner

NEWS
Judging is ‘more intellectually demanding than any other role in public life’—and far messier than outsiders imagine. Writing in NLJ this week, Professor Graham Zellick KC reflects on decades spent wrestling with unclear legislation, fragile precedent and human fallibility
The long-predicted death of the billable hour may finally be here—and this time, it’s armed with a scythe. In a sweeping critique of time-based billing, Ian McDougall, president of the LexisNexis Rule of Law Foundation, argues in this week's NLJ that artificial intelligence has made hourly charging ‘intellectually, commercially and ethically indefensible’
From fake authorities to rent reform, the civil courts have had a busy start to 2026. In his latest 'Civil way' column for NLJ this week, Stephen Gold surveys a procedural landscape where guidance, discretion and discipline are all under strain
Fact-finding hearings remain a fault line in private family law. Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors analyse recent appeals exposing the dangers of rushed or fragmented findings
As the Winter Olympics open in Milan and Cortina, legal disputes are once again being resolved almost as fast as the athletes compete. Writing in NLJ this week, Professor Ian Blackshaw of Valloni Attorneys examines the Court of Arbitration for Sport’s (CAS's) ad hoc divisions, which can decide cases within 24 hours
back-to-top-scroll