Casts
doubt on concept of substantive legitimate expectation.
doubt on concept of substantive legitimate expectation.
When
applicants were imprisoned they were told could apply for home leave after 1/3
sentence served.
applicants were imprisoned they were told could apply for home leave after 1/3
sentence served.
Signed
compact with prison authorities – prison promised to consider them for home
leave when eligible, prisoners promised to be of good behaviour.
compact with prison authorities – prison promised to consider them for home
leave when eligible, prisoners promised to be of good behaviour.
Changes
then made to sys so ½ sentence must be served.
then made to sys so ½ sentence must be served.
Applicants
claimed violation of their legitimate expectations.
claimed violation of their legitimate expectations.
Court
of Appeal found against applicants.
of Appeal found against applicants.
No
substantive legitimate expectation.
substantive legitimate expectation.
Held
that Wednesbury was correct test to
assess which claims were substantive in nature, and expressly disapproved of
reasoning in Hamble Fisheries, describing
Sedley J’s balancing test as heretical.
that Wednesbury was correct test to
assess which claims were substantive in nature, and expressly disapproved of
reasoning in Hamble Fisheries, describing
Sedley J’s balancing test as heretical.
And
in any event, compact did not constitute clear and unambiguous representation,
so could not be relied upon as founding legitimate expectation.
in any event, compact did not constitute clear and unambiguous representation,
so could not be relied upon as founding legitimate expectation.
[Case
open to criticism.
open to criticism.
To
apply traditional Wednesbury grounds
means claimant’s chance of success v slim.
apply traditional Wednesbury grounds
means claimant’s chance of success v slim.
Also,
given it is accepted that procedural expectations
do exist, has important consequences for divide between procedural and
substantive expectations.
given it is accepted that procedural expectations
do exist, has important consequences for divide between procedural and
substantive expectations.
Distinction
often not clear-cut, eg Liverpool Taxi.]
often not clear-cut, eg Liverpool Taxi.]
