Tag: legitimate expectation

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 administrative law is unusual in the common law world for its embrace of the doctrine of substantive legitimate expectation, it

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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 visa-extension application without first allowing him to submit certain information concerning his application. According to the Agency’s own policy, the applicant

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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

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