A local council announces a policy of providing a free service for five years but ends it after one. A resident who planned around it challenges the decision. Which ground might she use?
Answer and explanation
Correct answer: B. Substantive legitimate expectation, if the promise was clear and unambiguous and the change is an abuse of power
- Step 1: R v North and East Devon HA ex parte Coughlan recognised substantive legitimate expectations.
- Step 2: The court asks whether frustrating the expectation is so unfair as to amount to an abuse of power.
Answer
Substantive legitimate expectation, if the promise was clear and unambiguous and the change is an abuse of power.
Why not the others: Legitimate expectation is a distinct ground; the Parliament Act is irrelevant; damages are not the main route.
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