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Legitimate Expectations in Administrative Law$
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Soren Schønberg

Print publication date: 2000

Print ISBN-13: 9780198299479

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299479.001.0001

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Compensatory Protection of Legitimate Expectations (I): Revocation of Decisions

Compensatory Protection of Legitimate Expectations (I): Revocation of Decisions

(p.167) Chapter 5 Compensatory Protection of Legitimate Expectations (I): Revocation of Decisions
Legitimate Expectations in Administrative Law

Søren J. Schønberg

Oxford University Press

The administration has extensive inherent and statutory powers to depart from its own informal representations and to revoke formal administrative decisions. The exercise of these powers may not only cause disappointment of legitimate expectations; individuals who rely upon administrative decisions and administrative representations may also suffer consequential physical injury, property damage, and economic loss. This chapter explores the extent to which individuals can recover such loss through principles of administrative liability, statutory compensation schemes, and ex gratia payments. In other words, how do compensatory remedies in English, French, and European Community law complement the procedural and substantive principles and thus contribute to meeting the requirements of fairness and trust in the relationship between citizens and the administration? This chapter focuses on the liability of administrative bodies rather than individual officers. It examines compensation for lawful administrative revocation of lawful decisions, and then unlawful revocation of lawful decisions and (lawful) ‘revocation’ of unlawful decisions. Suggestions for reform of the English law are presented.

Keywords:   English law, reform, administrative decisions, administrative representations, administrative liability, statutory compensation, ex gratia payments, compensatory remedies, fairness, administrative revocation

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