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 […]
Mandalia v Home Secretary  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  UKSC 59. The question for the Court was whether the UK Border Agency had acted lawfully by refusing the appellant’s […]
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 […]