Legitimate Expectation

January 26th, 2021

In order for a practice to give rise to a legitimate expectation the practice must be tantamount to a clear and unambiguous representation. It must be so unambiguous, so widespread, so well-established and so well-recognised as to carry within it a commitment to a relevant group of treatment in accordance with it. It must be impliedly tantamount to a promise and the practice must be consistent. So reaffirmed by Fordham J in Havant Biogas Ltd v Gas and Electricity Markets Authority (2021) EWHC 84 (Admin) at para 60.

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