R v North and East Devon Health Authority, ex parte Coughlan
1999 · [2001] QB 213
Posted By lanbuk.com
- Facts
- A severely disabled woman moved to a care home after a clear promise that it would be her home for life. The authority later decided to close it.
- Issue
- Was the authority bound by its promise?
- Held
- Yes. Breaking it would be so unfair as to be an abuse of power, and the closure decision was quashed.
- Principle
- A clear promise may create a substantive that the court will enforce unless an overriding public interest justifies breaking it.
- Why it matters
- The leading case on substantive legitimate expectation.
Words and Latin in this note
- Legitimate expectation
- An expectation, created by a clear promise or settled practice of a public body, that the law may protect by requiring a hearing or, in rare cases, holding the body to its promise. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.