Truck Cartel
Record of Decision Taken by Sanjit Sull on 28 May 2020
Details of Decisions: To be added as a joint Claimant to the Local Government Association’s claim for compensation arising from Truck Cartel.
Authority for decision
Authority of the Monitoring Officer - RBC Constitution Under “Functions of the Monitoring Officer” part (x) paragraphs (1) (2) and (3) the Monitoring Officer has the authority:
(1) to exercise the required discretion whether or not to prosecute or defend legal proceedings on behalf of the Council in accordance with Section 222 of the Local Government Act 1972;
(2) to take all necessary steps in legal proceedings against any person or body authorised by the Council; and
(3) to take all necessary steps to defend the Council in legal proceedings against the Council brought by any person or body.
Decision
Darryl Burch confirmed agreement by email on 8 April 2020 for RBC to be added as a joint Claimant to the LGA’s claim for compensation arising from the Trucks Cartel.
Reasons for decision
RBC has evidence (Mick Morely has spreadsheets which show proof of purchases) and that it is likely RBC have been overcharged as a result of the Truck Cartel by price fixing and as a consequence of their own suppliers being overcharged.
Alternative options considered and rejected
None.
Conflicts of interest and any dispensation
None identified.
Monitoring Information
Key decision?
No.
Confidential/ Exempt (if yes, please state paragraph)?
Do General Exception or Special Urgency Rules apply to this decision?
Consultation has taken place with the Section 151 & Monitoring Officer?
The Leader, Deputy Leader or relevant Portfolio Member have been consulted?
Signed
Sanjit Sull
Dated 10 July 2020
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