Decision details
Delegating Authority to issue and defend legal proceedings
Decision Maker: Monitoring Officer
Decision status: Approved
Is Key decision?: No
Is subject to call in?: No
Purpose:
To enable the effective conduct of legal
proceedings by an associate lawyer on behalf of the council.
Decision:
In accordance with section 2.35.5 of the
Constitution the Head of Legal & Democratic Services hereby
delegates authority to Shaine Lewis (Associate Lawyer)(Casual)) the
power to:-
Institute and conduct all civil and criminal proceedings by the
Council.
Defend or participate in any legal proceedings brought against the
Council (or its employees as a result of actions incurred during
the course of their employment) 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.
For the avoidance of any doubt this delegation applies from the
time Shaine Lewis ceased to be Legal Services Manager and commenced
his role as Associate Lawyer.
Alternative options considered:
Option 1 - To require the team leader to
approve all prosecutions on behalf of casual lawyers. This would be
time consuming and an inefficient use of council resources.
Option 2 -
Option 3 -
Publication date: 19/09/2024
Date of decision: 19/09/2024