25 May 2007
PENNY\'S BAY INVESTMENT CO LTD v. DIRECTOR OF LANDS
- Citation
- PENNY\'S BAY INVESTMENT CO LTD v. DIRECTOR OF LANDS
- Court
- Lands Tribunal
- Case number
- LDMR23/1999
The Lands Tribunal held that the primary statutory measure of compensation under the FSRO is the notional tort approach (assessment of damages for injurious affection measured by the real loss in accordance with the principle of equivalence), not a primary notional purchase/market value approach; accordingly the notional tort approach satisfies Article 105 and issues as to betterment and Pointe Gourde do not arise at this stage.