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38482 results in Cambridge Textbooks

Page 1129 of 1925

  • 17 - Legitimate Expectations

  • from Part III - The Grounds of Judicial Review
  • Stephen Thomson, City University of Hong Kong
  • Book:
    Administrative Law in Hong Kong
    Published online:
    12 December 2018
    Print publication:
    11 October 2018, pp 204-224

  • Summary

    This chapter considers breach of legitimate expectations as a ground of judicial review.After introducing the conceptual aspects of this ground, it explores the key requirements for successful establishment of the ground including those relating to the representation (if any) given by the public body, the role of knowledge and (detrimental) reliance, the legitimacy of the applicant’s expectation, legitimate expectation as a relevant consideration when exercising discretion, the role of overriding policy considerations, and both procedural and substantive protection of legitimate expectations by the courts.This includes a discussion of key cases such as Ng Siu Tung v Director of Immigration and R v North and East Devon Health Authority, ex parte Coughlan.Finally, the chapter considers whether and to what extent ultra vires representations can generate legitimate expectations.

  • 5 - Delay

  • from Part II - Judicial Review
  • Stephen Thomson, City University of Hong Kong
  • Book:
    Administrative Law in Hong Kong
    Published online:
    12 December 2018
    Print publication:
    11 October 2018, pp 42-51

  • Summary

    This chapter gives a detailed discussion of delay arising as an issue at the leave stage in an application for judicial review.The relevant principles and rules are introduced, followed by an explanation of the requirement for promptness.The various reasons which may justify an extension of time are then explored, followed by a consideration of the rule that the court has discretion to refuse to grant leave or any relief sought on the application for judicial review if it considers that the granting of relief sought would be likely to cause substantial hardship to, or substantially prejudice the rights of, any person or would be detrimental to good administration.

Page 1129 of 1925