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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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