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

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

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

Citation
[2003] JLR 405
Parties
Applicant: P. E. C.; Respondent: Lesquende Ltd.
Jurisdiction
Jersey
Judgment Date
16 July 2003
Procedural Posture
Planning Law Appeal / Appeal on Arbitration Award
Outcome
Appeal permitted to proceed
Legal Topics
Compulsory Purchase Procedure, Right of Appeal, Arbitration Award
Planning Law Compulsory Purchase Compulsory Purchase Procedure Right of Appeal Arbitration Award

Case Brief

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Parties

P. E. C.

Applicant

Lesquende Ltd.

Respondent

Procedural Posture

Planning Law Appeal / Appeal on Arbitration Award

Legal Issues

  1. 1 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

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