classifying substantive legitimate expectations into distinct categories is difficult in cases where there are overlaps, leading Lord Justice Laws to suggest in ex parte Begbie that the categories mentioned in ex parte Coughlan are not "hermetically sealed". In an obiter dictum in Nadarajah v. Secretary of State for the Home Department (2005), Lord Justice Laws set out a more structured form of merits-based review. He expanded the categorical approach in ex parte Coughlan into a continuum based on proportionality, suggesting that in order for a public body's decision to resile from a legitimate expectation to be lawful, it must be "a proportionate response to a legitimate aim pursued by the public body in the public interest". By advocating proportionality in the court's approach towards protecting substantive legitimate expectations, Lord Justice Laws effectively paralleled the approach used by the UK courts when considering whether an interference with a right subject to qualifications protected by the European Convention on Human Rights is lawful. Drawing guidance from the Convention, the proportionality test requires (1) that the objective of the action must be sufficiently important to justify limiting a fundamental right; (2) that the action designed to meet the objective must be rationally connected to that objective, and not be arbitrary, unfair or based on irrational considerations; and (3) the means used to impair the right must be no more than is necessary to accomplish the legitimate objective, and the more severe the deleterious effects of an action, the more important the objective must be if the action is to be justified. As the European Convention was given effect in the domestic law of the UK by the Human Rights Act 1998, the proportionality approach resonated with the courts which were familiar in applying the test in cases involving qualified Convention rights across a wide spectrum of factual and policy contexts. For instance, the proportionality approach was applied by Justice Stephen Silber in R. (X) v. Head Teacher and Governors of Y School (2007). Overriding public interest Having determined that the applicant's substantive expectation is legitimate, the court then has to determine whether there is any overriding public interest justifying the public authority's decision to resile from its representation, or whether fairness dictates that the representation should be given effect to. Remedies Fulfilment of the legitimate expectation When a court establishes that a public authority's decision has breached a legitimate expectation, it may annul