P. E. C. v Lesquende Ltd. [2003] JLR 15 (10 January 2003)
- Citation
- [2003] JLR 15
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Planning Law Compulsory Purchase / Application for Case Stated; Appeal Against Refusal
More details
- Posture
- Planning Law Compulsory Purchase / Application for Case Stated; Appeal Against Refusal
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
There is no appeal against the Royal Court's refusal to order a case stated under the 1961 Law, as the decision is final by virtue of art. 12(2).
Court disposition
Appeal dismissed; no right of appeal exists.
02
Material facts
Parties
P. E. C.
ApplicantLesquende Ltd.
Respondent03
Procedural history
Posture
Planning Law Compulsory Purchase / Application for Case Stated; Appeal Against Refusal
04
Questions and positions
Legal issues
Whether there is a right of appeal against the Royal Court's refusal to order a case stated under the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961
Party arguments
- Applicant
- Applicant sought to appeal the Royal Court's refusal to order a case stated regarding the settlement of price by arbitration under the 1961 Law.
- Respondent
- Respondent contended that the decision of the Royal Court on a case stated is final under art. 12(2) of the 1961 Law and not appealable.
05
Court’s reasoning
Legal principles
- 01
Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, art. 12(2)
The decision of the Royal Court on a case stated under the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961 is final and not subject to appeal.
- 02
Compulsory Purchase of Land (Procedure) (Jersey) Law 1961
The policy of the 1961 Law is to provide a quick and effective remedy in the Royal Court.
06
Ratio, limits and disposition
Ratio decidendi
There is no appeal against the Royal Court's refusal to order a case stated under the 1961 Law, as the decision is final by virtue of art. 12(2).
Court disposition
Appeal dismissed; no right of appeal exists.
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
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> P. E. C. v Lesquende Ltd. [2003] JLR 15 (10 January 2003) URL: https://www.bailii.org/je/cases/JLR/2003/JLR030015.html Cite as: [2003] JLR 15 [ New search ] [ Help ] P. E. C. v Lesquende Ltd. 2003 JLR 15 (10 January 2003) Planning Law-compulsory purchase-settlement of price by arbitration-case stated-no appeal against Royal Court's refusal to order case stated under Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, as decision on case stated final by art. 12(2)-policy of 1961 Law to provide quick and effective remedy in Royal Court 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: 2003 JLR 15 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2003/JLR030015.html
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.