Skip to content

Tag: legitimate expectation

Administrative Law

The Supreme Court’s judgment in Finucane — II: Three unanswered questions concerning the doctrine of legitimate expectation

In my first post on the Supreme Court’s recent judgment in In the matter of an application by Geraldine Finucane for Judicial Review [2019] 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 straightforward nature of the distinction […]

Administrative Law

The Supreme Court’s judgment in Finucane — I: Legitimate expectations, reliance, procedure and substance

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 [2019] 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, uncomfortably, at a number of […]

Administrative Law 0

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 founded has been unclear. In Rashid, the Court of Appeal appeared to be willing to hold that a legitimate expectation had been established even though […]