Summary
A substantive legitimate expectation requires a clear, unambiguous and sufficiently focused commitment. The assessment is context-sensitive. An alleged oral assurance made informally by one councillor will rarely bind a joint local-authority body where that councillor lacks authority to determine the matter.
Where enforcement of the expectation would affect third-party interests or constrain a public authority’s discretion, particular clarity is required. A claimant must also show that reliance on the assurance was reasonable and legitimate. The Tameside duty of inquiry is context-specific and generally reviewable only on conventional public-law grounds.
Factual background
Grantchester Parish Council challenged the Greater Cambridge Partnership’s decision of 4 January 2024 to progress the Grantchester section of the Haslingfield Greenway through the village.
The Council alleged that Councillor Bridget Smith had promised at an informal meeting on 17 October 2022 that the route would not proceed through Grantchester if residents opposed it. It contended that the promise created a substantive legitimate expectation, or at least constituted a material consideration. It also alleged a failure to investigate whether the promise had been made, contrary to the Tameside duty of inquiry.
The court heard oral evidence from the principal participants because the alleged promise was a disputed issue of primary fact.
Held
- The claim was dismissed. No binding legitimate expectation arose. The Council bore the burden of proving, on the balance of probabilities, a promise that was clear, unambiguous and devoid of relevant qualification.
- The court found that no promise of the necessary clarity had been made. The evidence and subsequent documents showed, at most, an imprecise assurance that village views would be taken seriously.
- Even if a clear statement had been made, reliance on it would not have been reasonable. The Greater Cambridge Partnership was a joint committee of three local authorities, and an individual councillor could not ordinarily bind it.
- The context required heightened clarity because the expectation concerned the substantive route of a public project and would directly affect third-party interests.
- The alleged commitment could not operate as a material consideration because no binding commitment had been given.
- The Tameside duty is context-specific. It was rational for the Partnership to regard its inquiries as sufficient after asking the relevant participants present at the meeting. Ground Two therefore failed.
The claim was dismissed.
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Key cases cited
22 authorities cited.
- The United Policyholders Group and others v The Attorney General of Trinidad and Tobago [2016] UKPC 17
- Francis Paponette and others v The Attorney General of Trinidad and Tobago (Trinidad and Tobago) [2010] UKPC 32
- R (on the application of Bancoult) Respondent v Secretary of State for Foreign and Commonwealth Affairs (Appellant) [2008] UKHL 61
- Regina v East Sussex County Council, Ex Parte Reprotech (Pebsham) Ltd and One Other Action [2002] UKHL 8
- R v Inland Revenue Comrs, Ex parte Matrix-Securities Ltd (Matrix-Securities Ltd, Ex parte) [1994] 1 WLR 334
- Flintshire County Council v Jayes, R. ( On the Application of) [2018] EWCA Civ 1089
- Bhatt Murphy (a firm), R (on the application of) v The Independent Assessor [2008] EWCA Civ 755
- Abdi v Secretary of State for the Home Department [2005] EWCA Civ 1363
- London Borough of Newham v Khatun & Ors [2004] EWCA Civ 55
- South Bucks District Council v Flanagan [2002] EWCA Civ 690
- R v North and East Devon Health Authority, Ex p Coughlan [1999] EWCA Civ 1871
- R v Secretary of State for Education and Employment, Ex parte Begbie (Begbie, Ex parte) [2000] 1 WLR 1115
- Jaffe v Abwicklungs [2024] EWHC 2354 (Comm)
- F v Surrey County Council [2023] EWHC 980 (Admin)
- R (Jefferies) v Secretary of State for Home Department [2018] EWHC 3239
- Plant, R (on the application of) v Lambeth London Borough Council [2016] EWHC 3324 (Admin)
- Hayes, R (on the application of) v Wychavon District Council & Anor [2014] EWHC 1987 (Admin)
- Gestmin SGPS SA v Credit Suisse (UK) Ltd [2013] EWHC 3560
- Royal Borough of Windsor and Maidenhead v Dewar [2003] EWHC 154
- Re Finucane [2019] HRLR 187
- R v Inland Revenue Comrs, Ex p MFK Underwriting Agents Ltd [1990] 1 WLR 1545
- Attorney-General of Hong Kong v Ng Yuen Shiu [1983] 2 AC 629
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Cases citing this case
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