Legitimate Expectation

March 19th, 2019 by James Goudie KC

In R (Alliance of Turkish Businesspeople Ltd) v SSHD (2019) EWHC 603 (Admin) issues were raised about a substantive legitimate expectation derived from published guidance and a change of policy by SSHD. The claim for judicial review was dismissed. The Judge did find both that there was a “clear and unambiguous”

representation and that it was reasonable to rely upon it. However, it was he held justifiable to frustrate the legitimate expectation. The changes to the policy pursued legitimate aims in the public interest and were proportionate.

Dingemans J set out the relevant legal principles relating to legitimate expectation between paragraphs 27 to 40 inclusive of his Judgment.

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