Coughlan

R v North and East Devon Health Authority, ex p Coughlan [2001] QB 213

BAILII judgment

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Parties and outcome

Claimant
Pamela Coughlan (respondent)
Defendant
North and East Devon Health Authority (appellant)
Interveners
Secretary of State for Health; Royal College of Nursing
Outcome
Coughlan won: the Authority’s appeal was dismissed, leaving the order quashing the closure decision in place.

Citations in this work

Wednesbury

Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223

Paragraph 57

57 There are at least three possible outcomes. (a) The court may decide that the public authority is only required to bear in mind its previous policy or other representation, giving it the weight it thinks right, but no more, before deciding whether to change course. Here the court is confined to reviewing the decision on Wednesbury grounds ( Associated Provincial Picture Houses Ltd v Wednesbury Corpn [1948] 1 KB 223 ). This has been held to be the effect of changes of policy in cases involving the early release of prisoners: see In re Findlay [1985] AC 318 ; R v Secretary of State for the Home Department, Ex p Hargreaves [1997] 1 WLR 906 . (b) On the other hand the court may decide that the promise or practice induces a legitimate expectation of, for example, being consulted before a particular decision is taken. Here it is uncontentious that the court itself will require the opportunity for consultation to be given unless there is an overriding reason to resile from it (see Attorney General of Hong Kong v Ng Yuen Shiu [1983] 2 AC 629 ) in which case the court will itself judge the adequacy of the reason advanced for the change of policy, taking into account what fairness requires. (c) Where the court considers that a lawful promise or practice has induced a legitimate expectation of a benefit which is substantive , not simply procedural, authority now establishes that here too the court will in a proper case decide whether to frustrate the expectation is so unfair that to take a new and different course will amount to an abuse of power. Here, once the legitimacy of the expectation is established, the court will have the task of weighing the requirements of fairness against any overriding interest relied upon for the change of policy.

Padfield

Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997

Paragraph 69

Lord Templeman, at pp 864-866, reviewed the law in extenso, including the classic decisions in Laker Airways Ltd v Department of Trade [1977] QB 643 ; Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997 ; Congreve v Home Office [1976] QB 629 and HTV Ltd v Price Commission [1976] ICR 170 *246 ("It is a commonplace of modern law that such bodies must act fairly... and that the courts have power to redress unfairness": Scarman LJ at p 189.) He reached this conclusion, at pp 866-867: "In principle I see no reason why the [taxpayer] should not be entitled to judicial review of a decision taken by the commissioners if that decision is unfair to the [taxpayer] because the conduct of the commissioners is equivalent to a breach of contract or a breach of representation.

Wednesbury

Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223

Paragraph 69

One, not considered in the Wednesbury case [1948] 1 KB 223 (even though it was arguably what the case was about), was the use of a power for a collateral purpose.

Wednesbury

Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223

Paragraph 72

72 A full century ago in the seminal case of Kruse v Johnson [1898] 2 QB 91 Lord Russell of Killowen CJ set the limits of the courts' benevolence towards local government byelaws at those which were manifestly unjust, partial, made in bad faith or so gratuitous and oppressive that no reasonable person could think them justified. While it is the latter two classes which reappear in the decision of this court in the Wednesbury case [1948] 1 KB 223 , the first two are equally part of the law. Thus in R v Inland Revenue Comrs, Ex p MFK Underwriting Agents Ltd [1990] 1 WLR 1545 a Divisional Court (Bingham LJ and Judge J) rejected on the facts a claim for the enforcement of a legitimate expectation in the face of a change of practice by the Inland Revenue. But having set out the need for certainty of representation, Bingham LJ went on, at pp 1569-1570: "In so stating these requirements I do not, I hope, diminish or emasculate the valuable, developing doctrine of legitimate expectation. If a public authority so conducts itself as to create a legitimate expectation that a certain course will be followed it would often be unfair if the authority were permitted to follow a different course to the detriment of one who entertained the expectation, particularly if he acted on it. If in private law a body would be in breach of contract in so acting or estopped from so acting a public authority should generally be in no better position. The doctrine of legitimate expectation is rooted in fairness."

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