Purpose

Decision details
Delegating Authority to issue and conduct legal proceedings
Decision Maker: Executive Director - Resources
Is Key decision?: No
Is subject to call in?: No
Purpose:
Whilst Solicitors have the legal right to appear in the County Court and Magistrates Court, the Council under the Constitution requires authority to institute and conduct legal proceedings to be authorised.
The purpose and reason for the decision is for Charlotte Truman a Senior Lawyer Practising Certificate SRA number 374037 to be able to issue and conduct any legal proceedings brought for and/or against the Council (or its employees as a result of actions incurred whilst undertaking legal work for the Council) or where the Council’s interests are affected and to negotiate settlement.
To facilitate the discharge of Council functions both civil and criminal across the district in so far as relevant to the role.
In accordance with section 2.35.5 of the Constitution the Head of Legal

Decision

To recommend Option 1

Alternative options considered

Option 1 -
To approve the delegated authority as set out above
Option 2
To require the Service Manager to institute and conduct all proceedings. This would be time consuming and an inefficient use of council resources.