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The duty of best value/improvement, and division of functions (R (on the application of Williams) v Caerphilly County Borough Council)

Published on: 06 March 2020
Published by: LexisPSL
  • The duty of best value/improvement, and division of functions (R (on the application of Williams) v Caerphilly County Borough Council)
  • What are the practical implications of this case?
  • The duty of best value/improvement
  • The division of functions
  • What was the background?
  • What did the court decide?
  • The duty of best value/ improvement
  • The division of functions
  • Case details

Article summary

Local Government analysis: The Court of Appeal held that: (1) the English duty of best value/Welsh improvement duty only apply to a decision which is, ‘by its nature, a decision on the arrangements to be made by the authority to secure improvement in the exercise of its functions’—and (2) the rule that any decision ‘contrary to, or not wholly in accordance with’ the council’s budget be taken by full council, rather than cabinet, only applies to ‘a firm decision involving the expenditure of money not provided for in the budget’—and not, ‘a decision which is merely likely (or even very likely) to lead to a future decision involving such expenditure’. Written by James Goudie QC and Ronnie Dennis, counsel for Caerphilly County Borough Council, at 11KBW. or take a trial to read the full analysis.

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