Grounds/LegitimateExpectation Flashcards
(6 cards)
what is legitimate expectation?
typically refers to where local authorities make representations to individuals who rely on the representation to be fulfilled.
case to explain legitimate expectation
R(Bapio) v Home Secretary 2008, has a public body made a representation that it would exercise its discretion or undertake a process in a particular manner
Preston..
Has a public body said they will do something? a specific statement would give rise to legitimate expectation
Unilever…
consistent course of practice may constitute a legitimate expectation
Coughlan…
where a policy is in place there is a legitimate expectation that it will be followed
Bibi…
No reason as to why applicants should be disadvantaged by the fact that promises were made as a result of misunderstanding the Law.