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