Lesquende v Planning Cttee. [1998] JLR 77 (11 February 1998)

Lesquende v Planning Cttee. [1998] JLR 77 (11 February 1998)

Legal costs reasonably incurred by the seller in compulsory purchase proceedings are recoverable as expenses under the statute, subject to determination of reasonableness by the Royal Court.

Citation
[1998] JLR 77
Parties
Seller: Lesquende; Purchaser: Planning Committee
Jurisdiction
Jersey
Judgment Date
11 February 1998
Procedural Posture
Compulsory Purchase Arbitration / Determination of Expenses
Outcome
Seller's legal costs may be recovered as expenses, subject to reasonableness determination.
Legal Topics
Compulsory Purchase, Settlement of Price, Recovery of Legal Costs
Planning Law Compulsory Purchase Settlement of Price Recovery of Legal Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Lesquende

Seller

Planning Committee

Purchaser

Procedural Posture

Compulsory Purchase Arbitration / Determination of Expenses

Legal Issues

  1. 1 Whether seller's legal costs reasonably incurred may be recovered as 'expenses' under Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, art. 14(2)
  2. 2 Whether the Royal Court should determine the reasonableness of costs claimed

Ratio Decidendi

Legal costs reasonably incurred by the seller in compulsory purchase proceedings are recoverable as expenses under the statute, subject to determination of reasonableness by the Royal Court.

Court Disposition

Seller's legal costs may be recovered as expenses, subject to reasonableness determination.

Orders

  • Royal Court to determine whether costs claimed are reasonable