Legitimate Expectations Flashcards
MFK Underwriting Agencies
The undertaking must be clear, unambiguous and devoid of relevant qualification to give rise to a legitimate expectation
Bancoult
A conditional statement will not suffice to give rise to a legitimate expectation
GCHQ
An undertaking may be express or inferred from previous conduct
Begbie
Legitimate expectations do not arise from election promises (failure to keep such promises should be met with political sanctions) or where the expectation would run counter to Parliamentary intention
Rashid
C need NOT know about the representation giving rise to the legitimate expectation to claim that legitimate expectation
What are the two different types of legitimate expectations?
Procedural legitimate expectation: where C is entitled to expect his case to be considered in a particular way
Substantive legitimate expectations: where C is entitled to expect a particular outcome to the decision making process
Ng Yuen Shiu
The legitimate expectation applies even if there would not otherwise be a duty to act fairly
Coughlan
Courts must ask if the frustration of the expectation is lawful by asking whether it is “so unfair as to be a misuse of the authority’s power” by balancing the individual damage against the public interest
When is the Coughlan approach adopted?
The interventionist approach is adopted where financial obstacles were dismissed as insufficient, is only appropriate “where the expectation is confined to one person or a few people, giving the promise or representation the character of a contract”
What is the non-interventionist approach?
D is left with the ultimate discretion as to the proper balance of C’s individual rights and the public interest
Which two options lie to the courts under the non-interventionist approach?
o Bibi – the courts may require the decision-maker to reconsider its decision, taking into account the legitimate expectation
o Hargreaves –the courts may also consider whether the decision to frustrate C’s expectations is lawful on Wednesbury grounds
What is the basis for treating the interventionist and non-interventionist approaches differently?
In circumstances engaging Coughlan the public body usually has greater opportunity to appreciate the likely consequences of its representations at the advance stage (since its representations concern a small class of people) and it is thus more legitimate to hold it to its advance decision
British Civilian Internees
It is not sufficient that the representation engenders an expectation in C because it is vague; only a clear and unequivocal representation
