Legitimate Expectation Case Study

Administrative Law deals with the powers of the administrative authorities, provides legal boundaries the manner in which the powers are exercised and the remedies which are available to the aggrieved persons, when those powers are abused by those authorities or when they refuses to perform their duties .The doctrine of legitimate expectation is relatively new concept which gained standing after it was introduced Ridge v Baldwin and fashioned by Courts for the review of administrative action. In Schmidt v Secretary of Home Affairs Lord Denning delivered the obiter dictum on Legitimate Expectation as the ‘ right, interest, or legitimate expectation’ of an individual against an administrative action with regards to the right to be heard. A
This concept is consisted of two aspects. It is a combinative source of both procedural and substantive rights. Lord Denning introduced procedural legitimate expectation, in Schimdts’ case. It is observed that the theories of natural justice has influenced in the procedural rights. In case Civil Service Union v. Minister for Civil Service , also known as the GCHQ case, in the decision of House of Lords, Lord Diplock, delivered a explanation on doctrine of legitimate expectation, in regard to both procedural and substantive aspects. The procedural part of it relates to a representation that a hearing or other appropriate procedure will be afforded before any decision is made. The substantive part of the theory is that if a representation has been expressly made that a benefit of a substantive nature will be granted or if any person is already in receipt of any benefit, it will be continued and will not be substantially varied to the disadvantage of the
v. North and East Devon HA Ex Parte Coughlan. In this case, applicant Miss Coughlan was being cared in Newcourt Hospital along with seven other patients . They were shifted to Mordon House by persuading them with express promises by the Health Authority that they could live there “for as long as they choose”. This implied them that would be their home for life, which was also specifically designed to accommodate and facilitate disabled patients. Lately, The authorities decided to close down Mordon House and relocate the patients to other hospitals after considering the promise it had made to the residents and weighing all options available to it. Miss Coughlan challenged this decision on the ground that it was in breach of the promise made to