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07 August 2009 / Nicholas Dobson
Issue: 7381 / Categories: Features , Local government , Public
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Risky business

Dr Nicholas Dobson provides an update on local authority “wellbeing”

Back in 1903 a group of local authorities got together to form a company called Municipal Mutual Limited (MML) with a view to obtaining insurance on a mutual basis. In September 1992, however, MML ceased to write new business after making substantial losses.

A similar endeavour some 104 years after MML’s birth was to have a much shorter life.

For on 1 April 2007 it might have looked like the spirit of MML was rising from the grave when a company formed by various London boroughs to provide insurance for their corporate property, terrorism, and liability risks commenced operations. But these were to come to an abrupt halt on 9 June 2009 when the Court of Appeal decided that local authorities could not lawfully participate in a mutual insurance company.

At the same time the court found that there had been a breach of procurement rules (the Public Contracts Regulations 2006 implementing Directive 2004/18/EC) when London Borough of Brent (Brent) awarded contracts of insurance

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