Jersey Judgment

States Greffier v Les Pas Holdings [1998] JLR 285 (22 July 1998)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The language used to express a compulsory purchase under art. 4(1) need not mirror the exact terms of art. 2, as art. 4(1) governs the permitted purposes.

Court disposition

application allowed

02

Material facts

Parties

States Greffier

Applicant

Les Pas Holdings

Respondent

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Whether a compulsory purchase under Island Planning (Jersey) Law 1964, art. 4(1) must be expressed in the exact terms set out in art. 2

Party arguments

Applicant
The purchase need not be expressed in the exact terms of art. 2; art. 4(1) controls the permitted purposes.
Respondent
The purchase must be expressed in the exact terms set out in art. 2.

05

Court’s reasoning

  1. 01

    Island Planning (Jersey) Law 1964, art. 4(1)

    It is unnecessary for a compulsory purchase under Island Planning (Jersey) Law 1964, art. 4(1) to be expressed in the exact terms set out in art. 2; art. 4(1) controls the permitted purposes, not the language in which they are expressed.

06

Ratio, limits and disposition

Ratio decidendi

The language used to express a compulsory purchase under art. 4(1) need not mirror the exact terms of art. 2, as art. 4(1) governs the permitted purposes.

Court disposition

application allowed

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[1998] JLR 285

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BAILII >> Databases >> Jersey Law Reports >> States Greffier v Les Pas Holdings [1998] JLR 285 (22 July 1998) URL: https://www.bailii.org/je/cases/JLR/1998/JLR980285.html Cite as: [1998] JLR 285 [ New search ] [ Help ] States Greffier v Les Pas Holdings 1998 JLR 285 (22 July 1998) Planning Law - compulsory purchase - permitted purposes - unnecessary that purchase under Island Planning (Jersey) Law 1964, art. 4(1) expressed in exact terms set out in art. 2-art. 4(1) controls permitted purposes and not language in which expressed 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: 1998 JLR 285 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1998/JLR980285.html

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Authorities

Authorities used by the court

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

Island Planning (Jersey) Law 1964, art. 2

Legislation

Legislation referenced in the available case record.

Island Planning (Jersey) Law 1964, art. 4(1)

Legislation

Legislation referenced in the available case record.

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