Estate of Dame Bernice Lake QC (Deceased) and another (Respondents) v Attorney General of Anguilla (Appellant) (Anguilla)

Estate of Dame Bernice Lake QC (Deceased) and another (Respondents) v Attorney General of Anguilla (Appellant) (Anguilla)

The Board of Assessment was entitled to value the 10 acre plot on a stand-alone basis for residential use, as the evidence did not support high-end tourism development as the highest and best use. The Court of Appeal erred in substituting its own valuation and method without proper evidentiary basis or notice to the parties. The Board of Assessment's findings on injurious affection were supported by evidence and not open to challenge on appeal, as there was no total prohibition on development in the approach zone.

Parties
Appellant/respondent: Estate of Dame Bernice Lake QC (Deceased); Appellant/respondent: Conch Bay Development Ltd; Respondent/appellant: Attorney General of Anguilla
Jurisdiction
England and Wales
Judgment Date
15 August 2022
Procedural Posture
Appeal / Judgment of the Judicial Committee of the Privy Council on Appeal From the Court of Appeal of the Eastern Caribbean Supreme Court (anguilla)
Outcome
Attorney General's appeal allowed; Lake appellant's appeal dismissed.
Legal Topics
Compulsory Acquisition of Land, Assessment of Compensation, Injurious Affection, Severance, Valuation Methods, Adequate Compensation Under Constitution
Constitutional Law Land Law Compulsory Acquisition Compulsory Acquisition of Land Assessment of Compensation Injurious Affection Severance Valuation Methods +1 more

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Parties

Estate of Dame Bernice Lake QC (Deceased)

Appellant/respondent

Conch Bay Development Ltd

Appellant/respondent

Attorney General of Anguilla

Respondent/appellant

Procedural Posture

Appeal / Judgment of the Judicial Committee of the Privy Council on Appeal From the Court of Appeal of the Eastern Caribbean Supreme Court (anguilla)

Legal Issues

  1. 1 What is the proper method for assessing compensation for compulsory acquisition of land under the Land Acquisition Act (Anguilla) and the Constitution?
  2. 2 Is the Board of Assessment's approach to valuation of the acquired land and injurious affection lawful?
  3. 3 Was the Court of Appeal correct to substitute its own award and method of valuation?

Ratio Decidendi

The Board of Assessment was entitled to value the 10 acre plot on a stand-alone basis for residential use, as the evidence did not support high-end tourism development as the highest and best use. The Court of Appeal erred in substituting its own valuation and method without proper evidentiary basis or notice to the parties. The Board of Assessment's findings on injurious affection were supported by evidence and not open to challenge on appeal, as there was no total prohibition on development in the approach zone.

Court Disposition

Attorney General's appeal allowed; Lake appellant's appeal dismissed.

Orders

  • The award of the Court of Appeal is set aside.
  • The award of the Board of Assessment is restored.