Legitimate expectation

Question 1

Type of LE

Answer 1

1. procedural (expectation of particular procedure)

2. substantive (where an assurance/promise has led a person to believe that he would receive particular benefit

Question 2

Case on Procedural LE

Answer 2

GCHQ

Question 3

LE from express promise (cases)

Answer 3

exp Coughlan
exp Liverpool Taxi Operator’s Association
AG of Hong Kong v Ng Yuen Shin
R (Greenpeace) v SS for Trade and Industry

Question 4

LE from regular practice (cases)

Answer 4

GCHQ

ex p Unilever

Question 5

Criteria

Answer 5

1. Clarity
2. Legality
3. Knowledge and reliance

Question 6

Clarity (LE: cases)

Answer 6

exp MFK Underwriting Agents
exp Zeqiri
R(Wheeler)

Question 7

Legality (LE: cases)

Answer 7

R(Bibi)

South Buckinghamshire DC v Flanagan

Question 8

Knowledge and reliance (LE: cases)

Answer 8

exp Walker

R(Rashid)

Question 9

Frustrating LE (procedural)(cases)

Answer 9

GCHQ - can be frustrated when there are compelling public interest.
R (Niazi & Bhatt Murphy) - there was promise to consult before the discretionary scheme to compensate victims of miscarriage of justice was changed. No LE. To do otherwise would judicialise the political process

Question 10

Frustrating LE (substantive)(Approach 1)

Answer 10

exp Khan - policy change could only frustrate a substantive LE if there was overriding public interest
ex p Hamble Fishiries - court would decide if the change in policy should defeat H’s expectation of financial support.
court would intervene if in all the circumstances the expectation has a legitimacy which in fairness outtops thу policy choise.

Question 11

Frustrating LE (substantive)(Approach 2)

Answer 11

ex p Hargreaves - prisoners were promised home for leave. the promise was revoked. court agreed. it is the matter primarily for the Home Secretary, not courts. Court can only review the decision on the grounds of Wednesbury unreasonableness (црерук no reasonable decision maker woulв have decided to change policy retrospectively and so have frustrated the LE.

Question 12

Frustrating LE (substantive)(Coughlan)

Answer 12

LE is recognised in cases where the relevant authority had made an unequivocal promise to provide the pensioner with a home for life on whoch she subsequently relied on and sold her house.
Categories:
1) The court may decide that the public authority is only required to bear in mind its previous policy or other representation, giving it the weight it thinks right, but no more, before deciding whether to change course.
2) a promise as to the procedure adopted
3) Where the court considers that a lawful promise or practice has induced a legitimate expectation of a benefit which is substantive, not simply procedural, authority now establishes that here too the court will in a proper case decide whether to frustrate the expectation is so unfair that to take a new and different course will amount to an abuse of power

Question 13

Frustrating LE (substantive)(after Coughlan)
cases

Answer 13

ex p Begbie
R(Bibi) v Newham LBC
R(Nadarajah and Abdi)