Judicial Review - Procedural Impropriety (Legit)

Question 1

Definition

Answer 1

This focuses on dealing with public officials where they declare/frustrate expectations

Question 2

Application

Answer 2

Lord Denning in Schmidt - A claim for legitimate expectation’s likelihood of success depends on whether C has some right or interest of which it would be unfair to deprive him

1. Is there legitimate expectation?
2. If so, how should the court intervene?

Question 3

Stage 1

Answer 3

1.) The public authority must have done something that induced the person to expect something

Ahmed & Perry - promise, practice, policy

2.) Bingham in MFK Underwriters - The ruling or statement relied upon should be clear, unambiguous and devoid of relevant qualification

Question 4

Stage 2

Answer 4

What kind of expectation :
1. Procedural - An expectation that some particular procedure will be followed
2. Substantive - An expectation that some particular substantive outcome will be achieved

Courts seem to be extremely indecisive and inconsistent when providing protection and so it is best to use the established rules of thumb. Substantive procedures are less likely to be protected over procedural and the 3 p’s are placed in order of most likely to be protected to least likely to be protected (Promise -> Policy -> Practice)