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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 (II): Informal Representations

Compensatory Protection of Legitimate Expectations (II): Informal Representations

Chapter:
(p.217) Chapter 6 Compensatory Protection of Legitimate Expectations (II): Informal Representations
Source:
Legitimate Expectations in Administrative Law
Author(s):

Søren J. Schønberg

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198299479.003.0007

Individuals who rely on administrative representations may suffer a loss if the administration departs from what it has represented. This chapter analyses the extent to which English, French, and European Community (EC) law provide redress for such loss. The aim is to determine how compensatory remedies complement procedural and substantive principles of administrative law in protecting legitimate expectations, and to draw some conclusions about the future development of English law in this area. A distinction is drawn between two types of situations. In the first situation, the administration makes a misrepresentation of law, fact, or intent which it subsequently resiles from. In the second situation, the administration makes a correct representation, which it subsequently resiles from in the light of a reassessment of the applicant's case or a general change in administrative policy. The requirements which limit the scope of administrative liability, namely reasonable reliance, causation, remoteness, and damage, are discussed. Finally, the outcome of the comparative survey is summarised and some limited proposals for reform are presented.

Keywords:   English law, administrative representations, compensatory remedies, administrative law, reform, misrepresentation, administrative liability, causation, remoteness, damage

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