Grounds: Legitimate Expectation

Question 1

What is required to establish a legitimate expectation in judicial review?
A. A clear and unambiguous representation that induced reasonable reliance
B. Media support and protest
C. Parliamentary approval
D. A vote in favour by a local authority

Answer 1

A. A clear and unambiguous representation that induced reasonable reliance
Explanation: The expectation must arise from a definite promise or consistent practice, reasonably relied on by the claimant.

Question 2

What is a procedural legitimate expectation?

A. An expectation of consultation or a hearing before a decision is made
B. A promise to deliver a service
C. A claim to financial damages
D. A right to repeal legislation

Answer 2

A. An expectation of consultation or a hearing before a decision is made
Explanation: Procedural legitimate expectation concerns how a decision is made — ensuring a fair process.

Question 3

Which of the following is most likely to be treated as a substantive legitimate expectation?
A. A published statement that a resident will receive permanent social housing
B. A complaint about noise
C. An outdated departmental memo
D. A general election promise

Answer 3

A. A published statement that a resident will receive permanent social housing
Explanation: This promises a specific benefit, giving rise to a substantive expectation.

Question 4

A government department has always held public consultation before changing a major funding policy. Without notice, it changes the policy. What principle might apply?

A. Procedural legitimate expectation
B. Ultra vires
C. Error of law
D. Parliamentary privilege

Answer 4

A. Procedural legitimate expectation
Explanation: A consistent past practice may give rise to a legitimate expectation of consultation.

Question 4

In Ex p Coughlan [2001], what did the court decide?
A. The council had full discretion to change its mind
B. A promise of a “home for life” created a substantive legitimate expectation enforceable by law
C. There was no procedural unfairness
D. The issue was political and non-justiciable

Answer 4

B. A promise of a “home for life” created a substantive legitimate expectation enforceable by law
Explanation: The court enforced the promise because it was clear, specific, and relied upon.

Question 5

In Ng Yuen Shiu [1983], why was the deportation decision unlawful?
A. The deportation policy was irrational
B. The claimant lacked standing
C. The government had promised a hearing and failed to deliver it
D. The claimant was a foreign national

Answer 5

C. The government had promised a hearing and failed to deliver it
Explanation: The claimant had a procedural legitimate expectation of a hearing before deportation.

Question 5

When can a public body lawfully frustrate a legitimate expectation?
A. If they give notice of intent
B. If there is an overriding public interest and doing so is fair
C. Whenever Parliament changes the law
D. Only with judicial approval

Answer 5

B. If there is an overriding public interest and doing so is fair
Explanation: The court balances fairness to the individual against the public interest.

Question 6

Which of the following would not give rise to a legitimate expectation?
A. A policy followed consistently and publicly
B. A formal letter from a department head
C. A repeated assurance in published guidance
D. An offhand remark from a junior official with no authority

Answer 6

D. An offhand remark from a junior official with no authority
Explanation: The source must be credible and authoritative to generate an expectation.

Question 7

What distinguishes substantive from procedural legitimate expectation?
A. Procedural applies only in criminal law
B. Substantive expectation always overrides policy
C. Substantive relates to receiving a benefit; procedural relates to how a decision is made
D. There is no legal difference

Answer 7

C. Substantive relates to receiving a benefit; procedural relates to how a decision is made
Explanation: Substantive = outcome or benefit; Procedural = process, e.g., consultation or hearing.

Question 8

A council promises to maintain funding for a local health service indefinitely but reverses the decision due to budget issues. What will the court assess?
A. Whether the public supported the reversal
B. Whether the policy was politically approved
C. Whether the service was still needed
D. Whether overriding public interest justified frustrating the expectation

Answer 8

D. Whether overriding public interest justified frustrating the expectation
Explanation: Courts assess whether it was fair to frustrate the promise in light of public interest justifications.