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09 August 2018 / Martin Fone , Peter C. Young
Issue: 7805 / Categories: Features , Public
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Return of mutuals in the public sector?

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Peter C. Young & Martin Fone discuss how risk mutuals can provide a cost-effective option for local authorities

  • The Local Government Association is developing a mutual on discretionary lines for its members. 
  • Traditional risk financing mutuals for local authorities in the UK stopped after a 2009 court case.
  • However, a closer look suggests they are permissable and could be an important risk management tool for local authorities.

For nearly 80 years almost all UK local authorities procured insurance through a risk mutual, Municipal Mutual Insurance Limited (MMI). Owing to several factors, Municipal Mutual ceased trading in 1992. In response, a commercial market emerged; one that proved to have chronic issues of unavailability, unaffordability, and unacceptable terms and conditions.

Partly in response to market instability, in April 2007 nine London Boroughs resurrected the mutual idea with the London Authorities’ Mutual Limited (LAML) and in August of that year nine Fire and Rescue Authorities followed suit, creating the Fire and Rescue Authorities’ Mutual Limited (FRAML).

LAML and FRAML were established

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NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
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Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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