Tag: legitimate expectation

Consistency as a free-standing principle of administrative law?

The importance of consistency in decision-making has been increasingly recognised in English administrative law. The Supreme Court’s recent judgment in Gallaher, in which consistency is said not to be a free-standing administrative law principle, is thus both surprising and questionable.

From Heresy to Orthodoxy: Substantive Legitimate Expectations in English Public Law

I recently finished work on a paper examining the development of the doctrine of legitimate expectation. Entitled ‘From Heresy to Orthodoxy: Substantive Legitimate Expectations in English Public Law’, the piece begins by noting that while English […]

Mandalia v Home Secretary [2015] UKSC 59: Legitimate expectations and the consistent application of policy

The Supreme Court gave judgment today in Mandalia v Secretary of State for the Home Department [2015] UKSC 59. The question for the Court was whether the UK Border Agency had acted lawfully by refusing the appellant’s […]

From legitimate expectation to a doctrine of consistency: DM v Home Secretary

Ever since the decision of the Court of Appeal in R (Rashid) v Home Secretary [2005] EWCA Civ 744, the extent to which knowledge of the relevant policy or undertaking is required if a legitimate expectation is to be […]