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No carte blanche

07 September 2012 / Nicholas Dobson
Issue: 7528 / Categories: Features , Local government , Public , Community care
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Nicholas Dobson highlights a case where property rights trumped the local authority well-being power

In times past, generic local authority legal powers were rare as desert water. However, all that changed in 2000 when Pt 1 of the Local Government Act 2000 (LGA 2000) introduced the well-being power. This enabled authorities to do anything likely to promote or improve the economic, social or environmental well-being of their area or inhabitants.

Although the LAML decision of the Court of Appeal in June 2009 (Brent LBC v Risk Management Partners Limited and London Authorities Mutual Limited and Harrow London Borough Council as interested parties [2009] EWCA Civ 490, [2009] All ER (D) 109 (Jun)) had punctured the confidence of many authorities in the well-being power, the Localism Act 2011 (LA 2011) has now given birth to a bright and bouncing new all-purpose measure designed to set authorities free from the rusty chains of constricting vires. This is the general power of competence in Pt 1 of LA 2011 which (in soundbite overview) gives

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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