The applicant was director of the institute for socio-legal studies in Oxford. He made a decision to exclude a lecturer, and now challenged a decision by the University to set up an external enquiry into his decision, after an earlier decision to support the exclusion. The terms of the enquiry risked raising matters which might lead to disciplinary proceedings against the claimant.
Held: The decision had been taken under the Chancellor’s general powers and could not be described as perverse or unreasonable. The claimant would not be put at risk of disciplinary proceedings. A legitimate expectation claim required to establish just what had been promised, whether it intended to act unlawfully with regard to that commitment, and what the court should do. No claim for legitimate expectation arose.
Judges:
Justice Scott Baker
Citations:
[2001] EWHC Admin 965
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v British Broadcasting Corporation ex parte Lavelle 1983
Prerogative remedies are only available to impugn a decision of a tribunal which is performing a public duty. Judicial review is not applicable in a strict master and servant relationship based on private contract of employment as there is no . .
Cited – Regina v London Borough of Newham and Bibi and Al-Nashed CA 26-Apr-2001
The housing authority had mistakenly thought that it was obliged to re-house the applicants under the Act with secure accommodation, and promised them accordingly.
Held: That promise had created a legitimate expectation: ‘In all legitimate . .
Lists of cited by and citing cases may be incomplete.
Education, Administrative
Updated: 05 June 2022; Ref: scu.167272