P.E.C. v Lesquende [1998] JLR 396 (25 November 1998)

P.E.C. v Lesquende [1998] JLR 396 (25 November 1998)

The quashing of the Board of Arbitrators' award by the Royal Court renders the award legally ineffective, and any payment made under such an award must be repaid under the doctrine of unjust enrichment.

Citation
[1998] JLR 396
Parties
Applicant: P. E. C.; Respondent: Lesquende
Jurisdiction
Jersey
Judgment Date
25 November 1998
Procedural Posture
Judicial Review / Decision on Quashing Award
Outcome
award quashed; repayment ordered
Legal Topics
Judicial Review, Quashing Decision, Unjust Enrichment
Administrative Law Judicial Review Quashing Decision Unjust Enrichment

Case Brief

Summary, issues, holding and outcome

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Parties

P. E. C.

Applicant

Lesquende

Respondent

Procedural Posture

Judicial Review / Decision on Quashing Award

Legal Issues

  1. 1 Effect of quashing an award by the Royal Court
  2. 2 Repayment of sums paid under a quashed award

Ratio Decidendi

The quashing of the Board of Arbitrators' award by the Royal Court renders the award legally ineffective, and any payment made under such an award must be repaid under the doctrine of unjust enrichment.

Court Disposition

award quashed; repayment ordered

Orders

  • The award of the Board of Arbitrators is quashed.
  • Any payment made under the quashed award must be repaid.