In my first post on the Supreme Court’s recent judgment in In the matter of an application by Geraldine Finucane for Judicial Review  UKSC 7, I considered the Court’s approach to the relevance (or otherwise) of reliance in legitimate expectation cases, and looked at the way in which the case highlights the less than … Continue reading The Supreme Court’s judgment in Finucane — II: Three unanswered questions concerning the doctrine of legitimate expectation
This is the first of two posts on the Supreme Court’s recent judgment in In the matter of an application by Geraldine Finucane for Judicial Review  UKSC 7. The second post can be found here. Legitimate expectation has long occupied an uncertain place within the broader doctrinal landscape of English administrative law. It sits, … Continue reading The Supreme Court’s judgment in Finucane — I: Legitimate expectations, reliance, procedure and substance
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.
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 administrative law is unusual in the common law world for its embrace of the doctrine of substantive legitimate expectation, it … Continue reading From Heresy to Orthodoxy: Substantive Legitimate Expectations in English Public Law
The Supreme Court gave judgment today in Mandalia v Secretary of State for the Home Department  UKSC 59. The question for the Court was whether the UK Border Agency had acted lawfully by refusing the appellant's visa-extension application without first allowing him to submit certain information concerning his application. According to the Agency's own policy, the applicant … Continue reading Mandalia v Home Secretary  UKSC 59: Legitimate expectations and the consistent application of policy
Ever since the decision of the Court of Appeal in R (Rashid) v Home Secretary  EWCA Civ 744, the extent to which knowledge of the relevant policy or undertaking is required if a legitimate expectation is to be founded has been unclear. In Rashid, the Court of Appeal appeared to be willing to hold that a legitimate expectation … Continue reading From legitimate expectation to a doctrine of consistency: DM v Home Secretary