When determining the appropriate content of the duty of fairness for application cases, the case of McInnes v. Onslow-Fane, [1978] 1 W.L.R. 1520 (Ch.Div) at 1529 provides some guidelines: First, there are what may be called forfeiture cases. In these, there is a decision which takes away some existing right or position, as where a member of an organization is expelled or a licence is revoked. Second, at the other extreme there are what may be called the application cases. These are cases where the decision merely refused to grant the applicant the right or position that he seeks, such as membership of an organization, or a licence to do certain acts. Third, there is an intermediate category, which may be called expectation cases, which differ from the application cases only in that the applicant has some legitimate expectation from what has already happened that his application will be granted. This head includes cases where an existing license-holder applies for a renewal of his licence, or a person already elected or appointed to some position seeks confirmation from some confirming authority. [Citations omitted]
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