Legitimate Expectation

Question 1

Explain what is meant by legitimate expectation. Which case is it defined in?

Answer 1

It is the expectation of a procedure or benefit on account of a promise or past practice given or pursued by a public body and protected by law (Schmidt v Secretary of State for Home Affairs).

Question 2

What are the two types of legitimate expectation?

Answer 2

1. Procedural

2. Substantive

Question 3

How were Unilever able to get away without paying tax on time?

Answer 3

The IRC had repeatedly allowed Unilever to not pay their tax on time for 20 years. This amounted to a past practice which gave rise to legitimate expectation and the sudden enforcement of legal rules was viewed as an abuse of power.

Question 4

What three criteria are there for establishing a legitimate expectation?

Answer 4

1. The promise or past practice is clear
2. The body/person making the promise must have the legal authority to do so
3. There must be knowledge (public) and reliance on a promise or past practice

Question 5

What happened in Asif Khan?

Answer 5

The decision not to grant him permission to adopt by the Home Office was struck out after it was found that he satisfied their criteria. The court held that the Home Office had created legitimate expectation by publishing a circular containing the criteria which Khan satisfied.

Question 6

In which two situations does legitimate expectation arise?

Answer 6

1. Promise

2. Past practice