P. E. C. v Lesquende Ltd. [2002] JLR 492 (15 October 2002)
- Citation
- [2002] JLR 492
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Planning Law Compulsory Purchase / Case Stated on Arbitration Decision
More details
- Posture
- Planning Law Compulsory Purchase / Case Stated on Arbitration Decision
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court may only interfere with the Board of Arbitrators' decision if it is erroneous in law, specifically if no reasonable tribunal acting judicially and properly instructed could have reached the decision.
Court disposition
Court declined to interfere with the Board of Arbitrators' decision.
02
Material facts
Parties
P. E. C.
ApplicantLesquende Ltd.
Respondent03
Procedural history
Posture
Planning Law Compulsory Purchase / Case Stated on Arbitration Decision
04
Questions and positions
Legal issues
- 01
Whether the court can interfere with the Board of Arbitrators' decision on a point of law
- 02
Whether a finding of unreasonableness is a conclusion of fact or law
- 03
When a decision is erroneous in law due to unreasonableness
Party arguments
- Applicant
- The Board of Arbitrators' decision was unreasonable and should be set aside as an error of law.
- Respondent
- The court may only interfere on a point of law; unreasonableness is a conclusion of fact, not law.
05
Court’s reasoning
Legal principles
- 01
[2002] JLR 492
Court only to interfere with decision of Board of Arbitrators on point of law.
- 02
[2002] JLR 492
Finding that decision unreasonable is a conclusion of fact.
- 03
[2002] JLR 492
Decision is erroneous in law if no reasonable tribunal acting judicially and properly instructed could have reached it.
06
Ratio, limits and disposition
Ratio decidendi
The court may only interfere with the Board of Arbitrators' decision if it is erroneous in law, specifically if no reasonable tribunal acting judicially and properly instructed could have reached the decision.
Court disposition
Court declined to interfere with the Board of Arbitrators' decision.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> P. E. C. v Lesquende Ltd. [2002] JLR 492 (15 October 2002) URL: https://www.bailii.org/je/cases/JLR/2002/JLR020492.html Cite as: [2002] JLR 492 [ New search ] [ Help ] P. E. C. v Lesquende Ltd. 2002 JLR 492 (15 October 2002) Planning Law-compulsory purchase-settlement of price by arbitration-case stated-court only to interfere with decision of Board of Arbitrators on point of law-finding that decision unreasonable is conclusion of fact-decision erroneous in law if no reasonable tribunal acting judicially and properly instructed could have reached it The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2002 JLR 492 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2002/JLR020492.html
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