Jump to ContentJump to Main Navigation
Legitimate Expectations in Administrative Law$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 April 2020

Compensatory Protection of Legitimate Expectations (II): Informal Representations

Compensatory Protection of Legitimate Expectations (II): Informal Representations

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

Søren J. Schønberg

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .