1998/1 - Lesquende v Planning and Environment [1998] UR 1 (5 January 1998)

1998/1 - Lesquende v Planning and Environment [1998] UR 1 (5 January 1998)

The Court of Appeal held that the Royal Court has jurisdiction to entertain judicial review of an arbitration award made under the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, as Article 12 does not expressly or by necessary implication exclude judicial review. However, the existence of an effective alternative statutory remedy (case stated procedure) means judicial review should ordinarily be refused unless exceptional circumstances exist. In this case, as the parties engaged the judicial review procedure and the Royal Court exercised jurisdiction, the Court of Appeal would not interfere.

Citation
[1998] UR 1
Parties
Plaintiff/respondent: Lesquende Limited; Defendant/appellant: The Planning and Environment Committee of the States of Jersey
Jurisdiction
Jersey
Judgment Date
05 January 1998
Procedural Posture
Appeal / Preliminary Issue on Jurisdiction
Outcome
Jurisdiction affirmed; appeal on preliminary issue dismissed; substantive appeal to proceed.
Legal Topics
Judicial Review, Compulsory Purchase, Arbitration Awards, Jurisdiction of Courts
Administrative Law Arbitration Land Law Judicial Review Compulsory Purchase Arbitration Awards Jurisdiction of Courts

Case Brief

Summary, issues, holding and outcome

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Parties

Lesquende Limited

Plaintiff/respondent

The Planning and Environment Committee of the States of Jersey

Defendant/appellant

Procedural Posture

Appeal / Preliminary Issue on Jurisdiction

Legal Issues

  1. 1 Does the Royal Court have jurisdiction to set aside an arbitration award made by the Board of Arbitrators under the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961?
  2. 2 Is judicial review available as a remedy in Jersey in the context of statutory arbitration awards?
  3. 3 Does the existence of a statutory case stated procedure exclude or limit judicial review?

Ratio Decidendi

The Court of Appeal held that the Royal Court has jurisdiction to entertain judicial review of an arbitration award made under the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, as Article 12 does not expressly or by necessary implication exclude judicial review. However, the existence of an effective alternative statutory remedy (case stated procedure) means judicial review should ordinarily be refused unless exceptional circumstances exist. In this case, as the parties engaged the judicial review procedure and the Royal Court exercised jurisdiction, the Court of Appeal would not interfere.

Court Disposition

Jurisdiction affirmed; appeal on preliminary issue dismissed; substantive appeal to proceed.

Orders

  • The Court of Appeal affirms the jurisdiction of the Royal Court to entertain judicial review.
  • The substantive issues in the appeal are to proceed.