Decision details

(LGA 1972 Sch 12A Paragraph 5 – Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings)

(Report of Director of Central Services and Monitoring Officer)

The report advised the Cabinet of ongoing litigation involving the Borough Council in connection with fees for local land charge searches.  A supplementary report and updated advice from Solicitors acting on behalf of the Borough Council and other Local Government Association members set out proposed terms of settlement with the claimants.

It was noted that if agreed the decision would not be within the Council’s budget framework and would normally be determined by the full Council.  It was therefore necessary to invoke the urgency provisions in Budget and Policy Framework Procedure Rule 4 so that the decision could be taken by the Cabinet as any delay would prejudice the chances of settlement.  For the same reason it was also necessary to set aside the normal call-in procedure as permitted under Overview and Scrutiny Procedure Rule 15(i).

The Cabinet resolved that:

1)  Rule 4 of the Budget and Policy Framework Procedure Rules be invoked, with the agreement of the Chairman of the Overview and Scrutiny Committee, to allow the Cabinet to deal with approval of the settlement terms set out in the report;

    2)  in accordance with Overview and Scrutiny Procedure Rule 15(i) and with the agreement of the Chairman of the Overview and Scrutiny Committee and group leaders, the normal call-in procedure be set aside to allow approval of the settlement terms by the 1 July 2014 deadline; and

3)  the terms of settlement set out in the report be approved.

This decision is not subject to call-in since in the opinion of the Cabinet it is urgent and any delay would seriously prejudice the Council’s or the public’s interest (Overview and Scrutiny Procedure Rule 15(i)).