Legitimate Expectation

Question 1

What is it?

Answer 1

Principle of fairness to compel public body to follow certain procedural steps

Question 2

Entered Irish law - Webb v Ireland

Answer 2

The doctrine of legitimate expectation is an aspect of the well-recognised equitable concept of promissory estoppel, whereby a promise or representation as to intention may, in certain circumstances, be held to be binding on the representator or promisor (Webb v Ireland)

Facts:

Metal detectors used to discover hoard of treasure found in Tipperary

Returned to national musuem

Held — legitimate expectation of substantial reward in return

Question 3

Preconditions— In - Glencar Explorations Ltd V Mayo Co.Co 2002

Answer 3

Fennelly j: positive conditions

1) statement of public authority - amounting to promise of representation
2) made to identifiable person/groups of persons - that it forms part of a transaction
3) creating expectation reasonably entertained — would be unjust to permit public authority resile from it

Question 4

sources of legitimate expectation::

1) undertaking : clear and unambiguous

Answer 4

Lett & Co Ltd v Wexford Borough
- Plaintiff-fishermen—- meeting with department of Marine
—told —they would be paid compensation
—-had a license — which stated the same thing
—-sc held— legitimate expectation

Question 5

2) long standing practice

Answer 5

Sherlock v Governor of Mount Joy prison

— Applicant— convicted murderer—- allowed temporal release —- 15 occasions—- over period of 12 yrs
—- complied with terms of release
—-after last release—- no longer granted
—- HC—- no order of temporary release BUT
—- gave order fro minister — to give reasons why

Question 6

3) expectation must be legitimate

Answer 6

Expectation must be reasonable

R v Secretary of State for the Home department

—- applicant—- applied for asylum—- refused
—- computer error—- sent letter —- saying it was granted
Claimed—- legitimate expectation
Hc— refused

Question 7

4) person must have authority

Answer 7

Kenny v Kelly

— Applicant — offered and accepted — place in UCD for Arts
—father told by admin officer—- that she could defer place for a year
— returned year later—- was told—- instructions were wrong and exceeded authority of admin officer
—- admissions office—- no power to grant deferral
—-however — Barron J—- found legitimate expectation

Question 8

5) Reliance

Answer 8

• does not have to be detrimental

Galvin V Chief’s appeal Officer

• Applicant— for JR—- may rely on expectation — need NOT be detrimental

Question 9

2 types of legitimate expectation

Answer 9

1) procédural — that procedure will be followed

2) substantive — that discretionary power will be exercised

Question 10

Remedy — Damages

Answer 10

Damages awarded in breach of legitimate expectation

Hennessy v St Gerard’s school Trust