doubt on concept of substantive legitimate expectation.
applicants were imprisoned they were told could apply for home leave after 1/3
compact with prison authorities – prison promised to consider them for home
leave when eligible, prisoners promised to be of good behaviour.
then made to sys so ½ sentence must be served.
claimed violation of their legitimate expectations.
of Appeal found against applicants.
substantive legitimate expectation.
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.
in any event, compact did not constitute clear and unambiguous representation,
so could not be relied upon as founding legitimate expectation.
open to criticism.
apply traditional Wednesbury grounds
means claimant’s chance of success v slim.
given it is accepted that procedural expectations
do exist, has important consequences for divide between procedural and
often not clear-cut, eg Liverpool Taxi.]