P. E. C. v Lesquende Ltd. [2002] JLR 492 (15 October 2002)

P. E. C. v Lesquende Ltd. [2002] JLR 492 (15 October 2002)

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.

Citation
[2002] JLR 492
Parties
Applicant: P. E. C.; Respondent: Lesquende Ltd.
Jurisdiction
Jersey
Judgment Date
15 October 2002
Procedural Posture
Planning Law Compulsory Purchase / Case Stated on Arbitration Decision
Outcome
Court declined to interfere with the Board of Arbitrators' decision.
Legal Topics
Arbitration, Judicial Review of Arbitration, Unreasonableness as Error of Law
Planning Law Compulsory Purchase Arbitration Judicial Review of Arbitration Unreasonableness as Error of Law

Case Brief

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Parties

P. E. C.

Applicant

Lesquende Ltd.

Respondent

Procedural Posture

Planning Law Compulsory Purchase / Case Stated on Arbitration Decision

Legal Issues

  1. 1 Whether the court can interfere with the Board of Arbitrators' decision on a point of law
  2. 2 Whether a finding of unreasonableness is a conclusion of fact or law
  3. 3 When a decision is erroneous in law due to unreasonableness

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.