States Greffier v Les Pas Holdings [1998] JLR 315 (10 August 1998)

States Greffier v Les Pas Holdings [1998] JLR 315 (10 August 1998)

The phrase 'costs incurred in proceedings under this Law' in art. 14(2) is interpreted to mean only costs of proceedings before the Board of Arbitrators, excluding costs of Royal Court proceedings such as applications for vesting orders under art. 4A.

Citation
[1998] JLR 315
Parties
Applicant: States Greffier; Respondent: Les Pas Holdings
Jurisdiction
Jersey
Judgment Date
10 August 1998
Procedural Posture
Compulsory Purchase / Costs Determination
Outcome
Costs limited to proceedings before Board of Arbitrators; costs for Royal Court proceedings not recoverable under art. 14(2).
Legal Topics
Compulsory Purchase, Costs
Planning Law Compulsory Purchase Costs

Case Brief

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Parties

States Greffier

Applicant

Les Pas Holdings

Respondent

Procedural Posture

Compulsory Purchase / Costs Determination

Legal Issues

  1. 1 Whether costs 'incurred in proceedings under this Law' in Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, art. 14(2), as amended, include proceedings in Royal Court such as application for vesting order under art. 4A

Ratio Decidendi

The phrase 'costs incurred in proceedings under this Law' in art. 14(2) is interpreted to mean only costs of proceedings before the Board of Arbitrators, excluding costs of Royal Court proceedings such as applications for vesting orders under art. 4A.

Court Disposition

Costs limited to proceedings before Board of Arbitrators; costs for Royal Court proceedings not recoverable under art. 14(2).