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TMI BlogDoctrine of Legitimate ExpectationX X X X Extracts X X X X X X X X Extracts X X X X ..... ence of a legitimate expectation may have a number of different consequences; it may give locus standi to seek leave to apply for judicial review; it may mean that the authority ought not to act so as to defeat the expectation without some overriding reason of public policy to justify its doing so; or it may mean that, if the authority proposes to defeat a person's legitimate expectation, it must afford him an opportunity to make representations on the matter. The Courts also distinguish, for example in licensing cases, between original applications, applications to renew and revocations; a party who has been granted a licence may have a legitimate expectation that it will be renewed unless there is some good reason not to do so, and ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the individual or group must be reasonable and not based on any arbitrary or irrational grounds. The expectation must be based on an established practice or a clear promise made by the public authority. II. The expectation must be based on a clear representation : The expectation must be based on a clear and unambiguous representation made by the public authority. III. The representation must be made by an authorized person : The representation must be made by an authorized person or body within the public authority. The authority must have the power and competence to make such a representation. IV. The representation must be legitimate : The representation made by the public authority must be legitimate and not against any law or po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment and its departments, in administering the affairs of the country are expected to honour their statements of policy or intention and treat the citizens with full personal consideration without any iota of abuse of discretion. The policy statements cannot be disregarded unfairly or applied selectively. Unfairness in the form of unreasonableness is making to violation of natural justice. It was in this context that the doctrine of Legitimate Expectation was evolved which has today became a source of substantive as well as procedural rights. But claims based on Legitimate Expectation have been held to require reliance on representations and resulting detriment to the claimant in the same way as claims based on promissory estoppel. Lord Sc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on' may have a number of different consequences and one of such consequences is that the authority ought not to act to defeat the legitimate expectation' without some overriding reason of public policy to justify its doing so. In a case of 'legitimate expectation' if the authority proposes to defeat a person's 'legitimate expectation' it should afford him an opportunity to make representations in the matter............................. ............... It may be indicated here that the doctrine of 'legitimate expectation' imposes in essence a duty on public authority to act fairly by taking into consideration all relevant factors relating to such 'legitimate expectation' the reasonable opportunitie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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