Le Maistre v P. E. C. [2001] JLR 452 (25 July 2001)

Le Maistre v P. E. C. [2001] JLR 452 (25 July 2001)

The Royal Court's duty is to assess the reasonableness of the Committee's decision independently, but it should not allow an appeal solely because it would have reached a different conclusion.

Citation
[2001] JLR 452
Parties
Appellant: Le Maistre; Respondent: P. E. C.
Jurisdiction
Jersey
Judgment Date
25 July 2001
Procedural Posture
Appeal / Appellate
Outcome
appeal dismissed
Legal Topics
Appeals, Reasonableness of Administrative Decisions
Planning Law Appeals Reasonableness of Administrative Decisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Le Maistre

Appellant

P. E. C.

Respondent

Procedural Posture

Appeal / Appellate

Legal Issues

  1. 1 Whether the Royal Court must make its own finding on the reasonableness of the Committee's decision under Island Planning (Jersey) Law 1964, art. 21
  2. 2 Whether an appeal should be allowed simply because the court might have reached a different decision

Ratio Decidendi

The Royal Court's duty is to assess the reasonableness of the Committee's decision independently, but it should not allow an appeal solely because it would have reached a different conclusion.

Court Disposition

appeal dismissed