Legitimate Expectations Flashcards
What is a legitimate expectation?
can be procedural or substantive
Refers to a situation, where a public body has made a representation- 1.promise/ 2.past practice/ 3.-policy
What do the courts demand?
the public body to stick to its word- only applies if there is no other statutory obligations
could be referred as ‘substantially unfair’- ex parte Begbie 2000
Features of a legitimate expectation
Ahmed and Perry 2018- non-legal obligation
Why does the law protect legitimate expectations?- fairness/abuse of power/good administration + case law
- Fairness- Nadarajah 2005
- Stopping abuses of power- Niazi 2008/Endicott 2020
- Promoting Good Administration- Nadarajah 2005
What are the 3 key questions in a leg. Expectation claim?- generated/lawful to depart from promise/ remedy
- Has a legitimate expectation been generated?- policy/promise- clear, unequivocal/ devoid of relevant qualification; past practice- well-established and unambiguous- tantamount to a promise
2.Is it lawful for the public body to resile from its promise?- so unfair as to an abuse of power
3.- What remedy should the claimant receive- get what they were promised
Examples that don’t fit the legitimate expectation criteria- clear, unequivocal and devoid of relevant qualification
R(Davies) 2011- guidance on reduction of tax, when overseas- NOT A LEG. EXP.
Ex parte Hammersmith and Fulham 1991- sensible budgets- not firm enough to generate a LEG. EXP.
Bancoult No 2 2009- no firm promise
Examples of successful legitimate expectation claims- policy/promise
Ex parte Khan 1984- criteria for adoption, certain requirements were not in the policy, so as far as claimant was made aware he had a LEG. EXP.
Coughlan 2001- ‘home for life’- severe circumstances involved
Examples of successful LEG. EXP. claims- past practice
R(MP)- tantamount to a promise
Takes into consideration duration and regularity of practice- ex parte Vardy 1974
When is resiling from a promise found unlawful?
Coughlan- so unfair as to be an abuse of power
Finucane- macro-political- matters of national security
Economic Interests- would lead country to bankruptcy- United Policy Holders 2016
Contrast procedural and substantive LEG.EXP- main differences
Procedural- far more likely to be upheld- less controversial- Bhatt Murphy 2008
Substantive- claimants rarely succeed- separation of powers issue may be raised- Coughlan- high water mark
Rejected- Ex parte Begbie- as it had far-reaching effects
When is resiling an ‘abuse of power’?
CONTEXT IS EVERYTHING
SS Education 2020- not consulting Children’s Commissioner on changes- ABUSE OF POWER
Coughlan- Detrimental reliance and also number of people affected
What is not detrimental reliance? Contrast with Coughlan
Nadarajah case - claimant didn’t make themselves aware of Home Office Policy for Kurdish applicants
