Discuss legitimate expectation in relation to the problem.

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A devastating storm recently struck the English coast. A river running through the town of Boswhellem burst its bank causing many properties to flood. Cars were swept into the sea, and outlying farmland rendered useless; the main bridge over the river was destroyed, and public buildings in the town became unusable for several months.

The Government decided to create the 'Boswhellam Emergency Relief Scheme' (BERS) to make grants to repair private and public infrastructure. No statutory power permits this. A minister nevertheless stated in Parliament: "the Crown's prerogative powers to make ex gratia payments have long been acknowledged, and this town is a deserving case." She added that the scheme would probably be reviewed after eight weeks.

Within two weeks of the ministerial announcement the evidence revealed that the scale of the damage is such that the scheme would be highly burdensome for the taxpayer. Upon being advised that this was so, the minister revoked BERS with immediate effect. When challenged in Parliament about this reversal of policy she responded that individuals have a responsibility to purchase appropriate insurance cover and, as she put it, "the government cannot accept an unlimited liability to bale out the reckless few who