Jersey Judgment

P. E. C. v Lesquende Ltd. [2003] JLR 405 (16 July 2003)

Planning Law Compulsory Purchase Compulsory Purchase Procedure Right of Appeal Arbitration Award

Citation: [2003] JLR 405
Status: Judgment
Jurisdiction: Jersey
Posture: Planning Law Appeal / Appeal on Arbitration Award

More details

Posture: Planning Law Appeal / Appeal on Arbitration Award

On this page

Professional case brief

Research organized from the available case record

Source document

Holding and result

The prohibition on appeal under the relevant statute is only triggered once a case has been stated and the court has made a determination.

Court disposition

Appeal permitted to proceed

Material facts

Parties

P. E. C.

Applicant

Lesquende Ltd.

Respondent

Procedural history

Posture

Planning Law Appeal / Appeal on Arbitration Award

Questions and positions

Legal issues

Whether prohibition on appeal under Compulsory Purchase of Land (Procedure) (Jersey) Law 1961 art. 12(2) applies before a case is stated and court determination

Party arguments

Applicant: Applicant contended that the right of appeal was not yet prohibited as the case had not been stated nor had the court made a determination.
Respondent: Respondent argued that the prohibition on appeal under the relevant statute applied immediately, barring the appeal.

Court’s reasoning

Legal principles

01
Compulsory Purchase of Land (Procedure) (Jersey) Law 1961 art. 12(2)

Prohibition on appeal under art. 12(2) applies only after a case has been stated and the court has made a determination.

Ratio, limits and disposition

Ratio decidendi

The prohibition on appeal under the relevant statute is only triggered once a case has been stated and the court has made a determination.

Court disposition

Appeal permitted to proceed

Source and reliance status

Official court record

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Source document

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Judgment text

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Source document

Court record

Judgment

[2003] JLR 405

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BAILII >> Databases >> Jersey Law Reports >> P. E. C. v Lesquende Ltd. [2003] JLR 405 (16 July 2003) URL: https://www.bailii.org/je/cases/JLR/2003/JLR030405.html Cite as: [2003] JLR 405 [ New search ] [ Help ] P. E. C. v Lesquende Ltd. 2003 JLR 405 (16 July 2003) Planning Law-compulsory purchase-settlement of price by arbitration-right of appeal-prohibition on appeal under Compulsory Purchase of Land (Procedure) (Jersey) Law 1961 art. 12(2) only applicable once case has been stated and court has made determination 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 405 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2003/JLR030405.html

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Compulsory Purchase of Land (Procedure) (Jersey) Law 1961 art. 12(2)

Legislation

Legislation referenced in the available case record.

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