Jersey Judgment

Trump Holdings v P.E.C. [2004] JLR 232 (23 June 2004)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court will only interfere with the Committee's planning decision if it is both wrong and unreasonable, not merely because the court would have decided differently.

Court disposition

appeal dismissed

02

Material facts

Parties

Trump Holdings

Applicant

P. E. C.

Respondent

03

Procedural history

  1. Posture

    Appeal / Judgment

04

Questions and positions

Legal issues

Whether the Committee's planning decision was reasonable under Article 21 of the Island Planning (Jersey) Law

Party arguments

Applicant
The Committee's decision was wrong and unreasonable under Article 21 of the Island Planning (Jersey) Law.
Respondent
The Committee's decision was reasonable and should not be interfered with by the court.

05

Court’s reasoning

  1. 01

    Article 21 of the Island Planning (Jersey) Law

    The court must form its own view of the Committee's decision but should only interfere if it considers the decision both wrong and unreasonable.

06

Ratio, limits and disposition

Ratio decidendi

The court will only interfere with the Committee's planning decision if it is both wrong and unreasonable, not merely because the court would have decided differently.

Court disposition

appeal dismissed

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2004] JLR 232

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BAILII >> Databases >> Jersey Law Reports >> Trump Holdings v P. E. C. [2004] JLR 232 (23 June 2004) URL: https://www.bailii.org/je/cases/JLR/2004/JLR040232.html Cite as: [2004] JLR 232 [ New search ] [ Help ] Trump Holdings v P. E. C. 2004 JLR 232 (23 June 2004) Planning Law-appeals-finding of reasonableness-under art. 21 of Island Planning (Jersey) Law, court to form own view of Committee's decision but only to interfere if considers decision wrong and also unreasonable 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: 2004 JLR 232 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2004/JLR040232.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, Article 21

Legislation

Legislation referenced in the available case record.

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