Jersey Judgment

Burt v States [1994] JLR 341 (14 December 1994)

Administrative Law Judicial Review Compulsory Purchase Administrative Decision

Citation: [1994] JLR 341
Status: Judgment
Jurisdiction: Jersey
Posture: Judicial Review / Judgment

More details

Posture: Judicial Review / Judgment

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Professional case brief

Research organized from the available case record

Source document

Holding and result

The court's review of the States' decision to compulsorily purchase property is limited to assessing procedural sufficiency, consideration of proper matters, and reasonableness of the decision.

Material facts

Parties

Burt

Applicant

States of Jersey

Respondent

Procedural history

Posture

Judicial Review / Judgment

Questions and positions

Legal issues

01
Whether the administrative decision of the States of Jersey to compulsorily purchase property under Housing (Jersey) Law 1949, art. 4, as amended, is reviewable
02
What standards apply when reviewing such a decision

Court’s reasoning

Legal principles

01
Housing (Jersey) Law 1949, art. 4, as amended

When reviewing a decision to purchase property compulsorily under Housing (Jersey) Law 1949, art. 4, as amended, the court must consider (a) whether proceedings were sufficient and satisfactory; (b) whether the States had regard to proper matters; and (c) whether the decision was reasonable in the circumstances.

Ratio, limits and disposition

Ratio decidendi

The court's review of the States' decision to compulsorily purchase property is limited to assessing procedural sufficiency, consideration of proper matters, and reasonableness of the decision.

Source and reliance status

Official court record

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Source document

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Judgment text

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Source document

Court record

Judgment

[1994] JLR 341

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BAILII >> Databases >> Jersey Law Reports >> Burt v States [1994] JLR 341 (14 December 1994) URL: https://www.bailii.org/je/cases/JLR/1994/JLR940341.html Cite as: [1994] JLR 341 [ New search ] [ Help ] Burt v States 1994 JLR 341 (14 December 1994) Administrative Law - judicial review - States of Jersey - administrative decision of States reviewable-when reviewing decision to purchase property compulsorily under Housing (Jersey) Law 1949, art. 4, as amended, court to consider (a) whether proceedings sufficient and satisfactory; (b) whether States had regard to proper matters; and (c) whether decision reasonable in circumstances The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1994 JLR 341 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1994/JLR940341.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Housing (Jersey) Law 1949, art. 4, as amended

Legislation

Legislation referenced in the available case record.

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