judicial review -legitimate expectations Flashcards
(12 cards)
What is a Legitimate Expectation?
When a public authority makes a promise or follows a consistent practice, individuals may expect it to continue unless there’s a good reason to change.
What principle underlies Legitimate Expectation?
Fairness and good administration—public bodies should act consistently and deal straightforwardly with people (R (Nadarajah) v SSHD [2005]).
What are the two main ways Legitimate Expectations arise?
From past practice
From a clear promise or assurance (GCHQ case, Lord Diplock)
What are the requirements for a valid promise or assurance?
It must be clear, unambiguous, and devoid of relevant qualification (MFK Underwriting Agencies [1990]).
Is reliance necessary for Legitimate Expectation?
No—though helpful, reliance is not essential (Re Finucane [2019] UKSC).
Can political promises give rise to legitimate expectations?
Usually no—statements in the macro-political field (e.g. referendums) are generally non-justiciable (Wheeler [2008]).
What’s the difference between Procedural and Substantive Legitimate Expectation?
Procedural: Expectation of a hearing or consultation.
Substantive: Expectation of a specific outcome or benefit.
Key case for Procedural Legitimate Expectation?
Schmidt v SSHD [1969] – fairness may require a person be given a chance to make representations.
Key case for Substantive Legitimate Expectation?
Coughlan [2001] – court may protect substantive expectation if frustrating it would be so unfair as to be an abuse of power.
Can a public authority depart from a Legitimate Expectation?
Yes, only if it is legally required or the departure is a proportionate response to a legitimate public interest (Nadarajah).
What case highlights importance of claimant’s knowledge of the assurance?
DM v SSHD [2014] – the person must be aware of the promise to claim a legitimate expectation based on it.
What does the LE doctrine require regarding consistency?
Public bodies must apply policies consistently unless there is good reason to depart (Mandalia [2015]; Nadarajah).
