topic 5 - legitimate expectation

Question 1

Liverpool Taxi Fleet [1972] 2 QB 299

Answer 1

-> straight forward breach of a promise
-> decision to increase the number of taxi licenses without consulting the Operators’ Association in breach of an assurance given to the taxi drivers that they would be consulted

Question 2

R v North and East Devon Health Authority, ex p Coughlan [2001] QB 213

Answer 2

-> breach of a promise of a ‘home for life’

Question 3

GCHQ [1985] AC 374, 401

Answer 3

-> past practice of consulting the unions
-> the 20 year practice of consulting the union had given rise to legitimate expectation

Question 4

R v Secretary of State for the Home Department, ex p Khan [1985] 1 All ER 40

Answer 4

-> policy
-> official guidance on policy on overseas adoption gave rise to legitimate expectation
-> couple trying to adopt their nephew from Pakistan, the leaflet was missing a new criterion which must be satisfied

Question 5

what kind of representation

Answer 5

-> for legitimate expectations to arise, the representation needs to be ‘clear, unambiguous and devoid of relevant qualification’
-> R v Inland Revenue Commissioners, ex parte MFK Underwriting Agencies Ltd [1990] 1 WLR 1545, 1569

Question 6

Geraldine Finucane for Judicial Review (Northern Ireland) [2019] UKSC 7

Answer 6

-> detrimental reliance
-> NOT a necessary condition

Question 7

Coughlan [2001] QB 213

Answer 7

-> justifying the departure from legitimate expectation
-> the court has the task of weighing the requirements of fairness against any overriding interest relied upon for the change of policy

Question 8

Nadarajah v Secretary of State for the Home Department [2005] EWCA Civ 1363, [68] (Laws LJ)

Answer 8

-> justifying departure from legitimate expectation
-> principle which relies on balancing the interests in changing the policy

Question 9

Finucane

Answer 9

-> the two stages applied
-> solicitor was gunned down in front of his family by a royalist group
-> there was intelligence in this homicide
-> the widow asked for an enquiry, there was a promise for an enquiry which was never delivered

Question 10

Noeleen McAleenon for Judicial Review [2024] UKSC 31

Answer 10

-> remedies are discretionary