판결 이유
Local authorities' powers to enter into insurance arrangements are limited by statute. The general power of competence must be exercised within statutory constraints, including procurement rules.
사실관계
Brent Council participated in a mutual insurance scheme without a competitive procurement process. A rival insurer challenged the arrangement.
판결 요약
The Supreme Court held that the council had acted ultra vires in entering the arrangement without statutory authority. Public procurement rules must be followed for contracts above the threshold.
주요 인용문
"The council had no power to enter into this arrangement without complying with procurement obligations."
— Lord Hope
후속 처리
Applied
Applied in subsequent public procurement challenges.