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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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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