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04 February 2010 / Colin Crawford
Issue: 7403 / Categories: Features , Public
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Beyond well-being

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

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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