Lesquende Ltd. v Planning Cttee. [1996] JLR 68 (13 March 1996)

Lesquende Ltd. v Planning Cttee. [1996] JLR 68 (13 March 1996)

The court held that 'expenses' under art. 14(2) of the 1961 Law includes reasonably incurred legal costs of the parties and that 'proceedings' encompasses both arbitration and subsequent legal proceedings.

Citation
[1996] JLR 68
Parties
Applicant: Lesquende Ltd.; Respondent: Planning Committee
Jurisdiction
Jersey
Judgment Date
13 March 1996
Procedural Posture
Civil / Judgment
Outcome
application allowed
Legal Topics
Compulsory Purchase, Arbitration, Legal Costs, Interpretation of 'expenses'
Planning Law Compulsory Purchase Arbitration Legal Costs Interpretation of 'expenses'

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

Lesquende Ltd.

Applicant

Planning Committee

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether 'expenses' under Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, art. 14(2) includes legal costs reasonably incurred by parties
  2. 2 Whether 'proceedings' includes both proceedings before Board of Arbitrators and consequent legal proceedings

Ratio Decidendi

The court held that 'expenses' under art. 14(2) of the 1961 Law includes reasonably incurred legal costs of the parties and that 'proceedings' encompasses both arbitration and subsequent legal proceedings.

Court Disposition

application allowed

Orders

  • Legal costs reasonably incurred by the parties are to be included as 'expenses' under art. 14(2)
  • 'Proceedings' interpreted to include both arbitration and subsequent legal proceedings