Le Gros v Housing Committee [1977] JLR 59 (08 September 1977)

Le Gros v Housing Committee [1977] JLR 59 (08 September 1977)

In compulsory purchase price arbitration, neither the owner nor the States bears a legal burden of proof; the Board of Arbitrators must independently assess the evidence and contentions to determine the appropriate price.

Citation
[1977] JLR 59
Parties
Applicant: Le Gros; Respondent: Housing Committee
Jurisdiction
Jersey
Judgment Date
08 September 1977
Procedural Posture
Arbitration / Award/decision
Outcome
No legal burden of proof on either party; Board of Arbitrators to decide neutrally.
Legal Topics
Burden of Proof, Arbitration Procedure, Settlement of Price
Planning Law Compulsory Purchase Burden of Proof Arbitration Procedure Settlement of Price

Case Brief

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Parties

Le Gros

Applicant

Housing Committee

Respondent

Procedural Posture

Arbitration / Award/decision

Legal Issues

  1. 1 Whether there is a legal burden of proof on either the owner or the States in compulsory purchase price arbitration

Ratio Decidendi

In compulsory purchase price arbitration, neither the owner nor the States bears a legal burden of proof; the Board of Arbitrators must independently assess the evidence and contentions to determine the appropriate price.

Court Disposition

No legal burden of proof on either party; Board of Arbitrators to decide neutrally.