Legitimate Expectation

February 28th, 2020 by James Goudie KC

In order for there to be a substantive or procedural legitimate expectation based on a practice, what is required is that there must be a practice which is impliedly tantamount to a practice.

As with a promise, that practice must give rise to a representation which is clear, unambiguous and devoid of any relevant qualification.  Although an express promise is not required, to found a legitimate expectation, there must be a consistent practice which is sufficient to generate an implied representation to the same effect.  So stated in R (Heathrow Hub Ltd) v SoS for Transport (2020) EWCA Civ 213 at paragraphs 69 and 75.

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