The Association of British Civilian Internees – Far Eastern Region (ABCIFER) v Secretary of State for Defence: CA 3 Apr 2003

The association sought a judicial review of a decision not to pay compensation in respect of their or their parents or grandparents’ internment by the Japanese in the Second World War. Payment was not made because those interned were not born in Britain.
Held: No legitimate expectation had been created and relied upon. The parliamentary announcement did not contain a clear and unequivocal representation that all those civilians who were British subjects at the time of their internment would receive ex gratia payments under the scheme. It had been lawful to restrict payments in the way done.


Lord Justice Schieman, Lord Justice Dyson Lord Phillips MR


[2002] EWCA Civ 473, Times 19-Apr-2003, Gazette 12-Jun-2003, [2003] QB 1397, [2003] ACD 51, , [2003] 3 WLR 80




England and Wales


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CitedRegina v Panel on Takeovers and Mergers ex parte Guinness Plc CA 1989
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Appeal fromABCIFER v Secretary of State for Defence 2002
. .

Cited by:

CitedMohammed, Regina (on the Application of) v Secretary of State for Defence CA 1-May-2007
In 2000, the defendant introduced a policy to make compensation payments for those British services personnel who had been imprisoned by the Japanese in the second world war. The appellant, a citizen of Pakistan had served in the Indian Army, was . .
CitedGrimsby Institute of Further and Higher Education, Regina (on The Application of) v Learning and Skills Council Admn 12-Aug-2010
The applicant had applied to the respondent for funding for new buildings. The application was approved, but the application was rejected when the respondent ran out of funds. The claimant said that a legitimate expectation had been created, and . .
AppliedPaponette and Others v Attorney General of Trinidad and Tobago PC 13-Dec-2010
The appellants operated taxis in Port-of-Spain. The Minister proposed changes, but when challenged provided re-assurances. After the changes, the re-assurances were not satisfied. The claimants sought judicial review asserting that a legitimate . .
CitedBadger Trust, Regina (on The Application of) v Secretary of State for Environment Food and Rural Affairs Admn 29-Aug-2014
The respondent had carried out the first round of a badger cull, subject to supervision and reporting by an independent expert panel. Promoises were made, the claimant said, that the panel’s role would be maintained for any subsequent round. The . .
Lists of cited by and citing cases may be incomplete.


Updated: 24 July 2022; Ref: scu.180452