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Ex parte Coughlan

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This case stands for the proposition that rationing/scarcity is not a reasonable basis for frustration of legitimate expectation.

FactsEdit

Ms Coughlan suffered from tetraplegia, her local council promised her a right to live in Mardon House for life. It later transpired that Mardon House was inefficent and the local council decided to reallocate Ms C to another house. She applied for judicial review on the basis of Unreasonableness, frustration of legitimate expectation.

JudgmentEdit

It was held by Lord Woolf MR that this was an unreasonable frustration of legitimate expectation. Though it was reasonable for the local council to reallocate Ms C, it was unreasonable for them to disregard their promises to her which constituted an abuse of power.

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