Jersey Judgment

P. E. C. v Lesquende Ltd. [2003] JLR 485 (19 September 2003)

Planning Law Compulsory Purchase Compensation Principles Pointe Gourde Principle Meaning of 'scheme'

Citation: [2003] JLR 485
Status: Judgment
Jurisdiction: Jersey
Posture: Compulsory Purchase Compensation / Judgment

More details

Posture: Compulsory Purchase Compensation / Judgment

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Professional case brief

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Source document

Holding and result

The word 'scheme' in the context of the Pointe Gourde principle is not limited in meaning and can encompass a range of activities, including re-zoning, provided there is sufficient factual linkage to the particular scheme.

Court disposition

judgment on interpretation of compensation principles

Material facts

Parties

P. E. C.

Applicant

Lesquende Ltd.

Respondent

Procedural history

Posture

Compulsory Purchase Compensation / Judgment

Questions and positions

Legal issues

Interpretation of the word 'scheme' under the Pointe Gourde principle in compulsory purchase compensation

Party arguments

Applicant: The word 'scheme' should be narrowly construed and not include past, present, or future activities such as re-zoning.
Respondent: The word 'scheme' is wide enough to include past, present, and future activities, including re-zoning, if sufficiently linked to the particular scheme on the facts.

Court’s reasoning

Legal principles

01
Pointe Gourde principle

The word 'scheme' under the Pointe Gourde principle does not have a special meaning and is wide enough to include past, present, and future activities, including re-zoning, if sufficiently linked to the particular scheme on the facts.

Ratio, limits and disposition

Ratio decidendi

The word 'scheme' in the context of the Pointe Gourde principle is not limited in meaning and can encompass a range of activities, including re-zoning, provided there is sufficient factual linkage to the particular scheme.

Court disposition

judgment on interpretation of compensation principles

Source and reliance status

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Judgment

[2003] JLR 485

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BAILII >> Databases >> Jersey Law Reports >> P. E. C. v Lesquende Ltd. [2003] JLR 485 (19 September 2003) URL: https://www.bailii.org/je/cases/JLR/2003/JLR030485.html Cite as: [2003] JLR 485 [ New search ] [ Help ] P. E. C. v Lesquende Ltd. 2003 JLR 485 (19 September 2003) Planning Law-compulsory purchase-principles of compensation-Pointe Gourde principle-word "scheme" does not have special meaning under Pointe Gourde principle-wide enough to include past, present and future activities, including re-zoning, if sufficiently linked to particular scheme on facts 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 485 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2003/JLR030485.html

Authorities

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Pointe Gourde principle

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