AC-2025-LON-001414 - [2025] EWHC 2840 (Admin)

Legitimate expectation in this matter flows from the requirement that a decision by a public authority must be made in a way that is fair and a citizen should not be denied a benefit that they have a legitimate expectation of receiving without first being offered the chance to put their case in a hearing (substantive expectation); and that where a citizen has a legitimate expectation that they will receive a hearing, that opportunity for a hearing cannot subsequently be withdrawn (procedural): CCSU v Minister for the Civil Service [1985] AC 374.

A legitimate expectation is created by a public body making a statement which is clear, unambiguous and devoid of relevant qualification and, while it is not a necessary prerequisite for a claimant to have relied upon the representation to their detriment, it is a relevant factor: R (o.a.o. Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2009] 1 AC 453.