Legitimate expectation

  • Created by: jesskeayy
  • Created on: 06-05-19 11:13
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  • Procedural impropriety & legitimate expectation
    • Two types of claim: 1. claim a decision maker has failed to follow legislated procedures. 2. claim a decision maker has failed to with common law requirements of procedural fairness
    • Statutory procedure: distinction between mandatory and directory requirements
      • 2.38 legislation can impose express procedural conditions/ requirements that must be satisfied before powers are exercised
        • 1. consult local authority representatives. 2. publish decision in draft. 3. make due injury. 4. consider objections before decision making
          • Mandatory requirements, failure to comply may make decisions invalid
    • Procedural fairness: 1. decision maker be neutral and independent. 2. those adversely affected by decisions are given a fair hearing
    • Fairness: R v Sec of State for Home Department ex parte Doody
      • Home secretary had powers to determine murder sentences. Doody was able to request reasons for the sentence, reasoning was necessary
    • Legitimate expectations:
      • Where claimants argue public bodies have done/ said things that have acted in accordance with past practice, policies and promises
      • GCHQ: did workers have a legitimate expectation to know the information? given that it regarded national security, no
      • LE may be generated by public bodies, they must be respected, unless there's overriding public interest in the body going back on their conduct
      • R v Department of Education ex parte Begbie-
        • Applicant offered place in assisted education. Labour government abolished the scheme in 97
          • Was decision a breach of legitimate expectation? No, offers cannot create LE
      • Must be clear & unequivocal-
        • ABCIFER v Sec of State for Defence
          • Scheme set up to compensate British interned by Japanese in WW2
            • Criteria changed for who it was available to- only those born in UK. Announcement not clear enough to create LE

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