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07 September 2012 / Nicholas Dobson
Issue: 7528 / Categories: Features , Local government , Public , Community care
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No carte blanche

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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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