Legitimate Expectations

Question 1

Legitimate Expectation

Answer 1

Part of natural justice.
Legitimate expectations arise as a result of a promise, representation, practice or policy made, adopted or announced by or on behalf of a government or a public body that it will act in a certain way.

Question 2

R (Niazi) v Secretary of State for the Home Department [2008]

Answer 2

Procedural legitimate expectation (expectation to right of certain procedure)
Compensation scheme withdrawal was unlawful.

Question 3

ex parte Coughlan [2001]

Answer 3

Substantive legitimate expectation (individual seeking substantial benefit which rose out of the legitimate expectation he had)
Where benefit is substantive the court will decide whether to frustrate expectation and and this will be a matter of fairness.
Coughlan argued that she had been promised a home for life, representation of authority and they could not go back on this.

Question 4

Schmidt v Secretary of State for Home Affairs

Answer 4

Wasn’t allowed to argue his case.

Lord Denning’s judgement= procedural beginnings of legitimate expectations.

Question 5

ex P Khan 1984

Answer 5

Application relying on criteria. Not told 5th criteria, so first 4 created the legitimate expectation that they would be successful.