Summary of the nature of judicial review proceedings: “13 judicial review is a flexible, but not entirely unfenced jurisdiction example ex p coughlan paragraphs 67 ff, ex p begbie  1 wlr 1115, 1129f aside from the ‘paradigm case’ of procedural legitimate expectation, in which ‘a public authority has provided an. The doctrine of legitimate expectation was first developed in english law as a ground of judicial review in administrative law to protect a procedural or substantive interest when a public authority rescinds from a representation made to a person it is based on the principles of natural justice and fairness, and seeks to prevent authorities from abusing power. 213 the post coughlan developments the court of appeal observed that the substantive legitimate expectation doctrine had been ‘developed and refined67’ since coughlan, but that that case continued to provide the ‘benchmark’ explanation of the concept68. 2 the doctrine of legitimate expectation under south african law the doctrine of legitimate expectation was first successfully relied upon in south africa in the apartheid era case of administrator, transvaal v traub,  and ex parte coughlan 2000 3 all er 850 (ca) south africa administrator, transvaal v traub .
Some supreme court cases that have recently dealt with the doctrine of legitimate expectation are: in jpbansal v state of rajasthan,37 the supreme court while examining the doctrine of legitimate expectation held that: “the principle of legitimate expectation is at the root of the rule of law and requires regularity, predictability and. The legitimate expectation as an instrument and illustration of common law change / matthew groves and greg weeks --in search of a doctrine : mapping the law of legitimate expectations / jason ne varuhas --legitimate expectations and the separation of powers in english and welsh administrative law / robert thomas --substantive fairness : a case. Legitimate expectations revision the following is a plain text extract of the pdf sample above, taken from our administrative law notesthis text version has had its formatting removed so pay attention to its contents alone rather than its presentation.
The coherence of the doctrine of legitimate expectations adam perry & farrah ahmed i introduction when you have a ‘legitimate expectation’ that a public body will exercise its discretion in some way, you may be entitled to the law’s protection if that ‘expectation’ is disappointed. An example of legitimate expectation based on promises can be seen in the court of appeal decision in r v north and east devon health body, ex p coughlan (2001) the key principle is that if a public body exercising a statutory function makes a promise as to how it will behave in the future which induces a legitimate expectation of a benefit. The coughlan case 1999 this is the most significant case law judgement it sets out the principle of should a person’s healthcare needs be of an overriding importance within the entire care package, then they should qualify for nhs continuing healthcare.
Legit expectations cases r v north and east devon health authority, ex p coughlan key: c, a tetraplegic, moved to hospital and told this could be her permanent home then wanted to move again she sought jr. On substantive legitimate expectations, i take the side of the court of appeal in coughlan, arguing in the teeth of strong criticism of that decision that there are indeed good reasons for courts to enforce substantive legitimate expectations, though i also observe that the court of appeal probably went too far in one important respect. The doctrine of legitimate expectation is the converse of this situation: it operates to say that, subject to certain conditions, a public authority which adopts a policy should be required to follow and apply that policy in cases subject to it, without being permitted to depart from it it applies in cases where the decision-maker has. Where a substantive promise is made and relied upon, legitimate expectation is created coughlin where not required by statute, no absolute right to reasons however the more serious the subject matter, the more likely a common law right will exist. The application of the legitimate expectation doctrine is not confined to situations where the person affected can show that there is an established practice to grant a hearing or an express undertaking to grant a hearing it applies in any circumstances where there is a legitimate expectation that the person will be consulted before the.
This case stands for the proposition that rationing/scarcity is not a reasonable basis for frustration of legitimate expectation facts edit ms coughlan suffered from tetraplegia, her local council promised her a right to live in mardon house for life. Laws lj commented that ‘abuse of power has become, or is fast becoming, the root concept which governs and conditions our general principles of public law’ and that ‘it informs all three categories of legitimate expectation case as they have been expounded by this court’ in coughlan. The concept of legitimate expectation, which is the subject of this chapter, is closely related to the common law principles of fairness as an important ground of judicial review it has evolved from the mere expectation of procedural safeguards to include, in certain circumstances, a substantive dimension, as illustrated in the famous case of r v north and east devon heath authority, ex p. Thedoctrine of legitimate expectation, said lord hoffmann, wasbetter suited than estoppel to public law cases - the similaritiesbetween them no more than an analogy (alsonot reasonable and appropriate in all cases eg coughlan) – wouldneed to develop principle for fair compensation 6(1) – arguablethat could be used to suggest that.
Ultimately the coughlan case highlighted that if an individual has healthcare needs that are over and above that which social services can be expected to provide and are therefore primarily health needs, the nhs has a responsibility to provide for those needs, and to fund the necessary care. Lord woolf discussed the doctrine of legitimate expectation, saying: ‘the doctrine of legitimate expectation has emerged as a distinct application of the doctrine of abuse of power’, and ‘legitimate expectation may play different parts in different aspects of public law. Alba seminar 18 january 2012 – legitimate expectations 2 what is common to each category of case is that was that acting contrary to the legitimate expectation: ―would be to act so unfairly as to perpetrate an abuse of power‖ part 1: legitimate expectation and consultation: (paradigm case.
Thought of in these terms, the coherence of the doctrine of legitimate expectations lies in the fact that legitimate expectations always arise from the fact that an administrative decision-maker has bound itself with a non-legal rule, whether moral, self-prescribed, or social. Start studying judicial review learn vocabulary, terms, and more with flashcards, games, and other study tools nut which also creates a legitimate expectation this can be allowed only where there is an overreaching justification as in this case where there is a substantive legitimate expectation. Free long term care from the nhs ( continuing care ) under uk law and the coughlan case wwwnhscareinfo pamela coughlan won her case against the government in the appeal court in july 1999governments change, but the law has not. Recent rulings on legitimate expectation james goudie qc sets out the key points from recent rulings on legitimate expectation three cases hot off the press more or less together on legitimate expectation “in summary, the trend of modern authority, judicial and academic, favours a narrow interpretation of the coughlan principle.