Estate of Dame Bernice Lake QC (Deceased) and another (Respondents) v Attorney General of Anguilla (Appellant) (Anguilla)

Estate of Dame Bernice Lake QC (Deceased) and another (Respondents) v Attorney General of Anguilla (Appellant) (Anguilla)

The Board of Assessment was entitled to value the acquired land on a stand-alone basis for residential use, as the evidence did not support the feasibility of high-end tourism development or the appropriateness of the 'before and after' valuation method. The Court of Appeal erred in substituting its own valuation and method without proper evidential basis. The assessment of injurious affection was supported by credible evidence and concurrent findings of fact, which should not be disturbed.

Citation
[2022] UKPC 33
Parties
Appellant/respondent: Estate of Dame Bernice Lake QC (Deceased); Appellant/respondent: Conch Bay Development Ltd; Respondent/appellant: Attorney General of Anguilla
Jurisdiction
United Kingdom
Judgment Date
15 August 2022
Procedural Posture
Appeal / Judgment of the Judicial Committee of the Privy Council on Appeal From the Court of Appeal of the Eastern Caribbean Supreme Court
Outcome
Attorney General's appeal allowed; Lake appellant's appeal dismissed.
Legal Topics
Compulsory Acquisition of Land, Assessment of Compensation, Injurious Affection, Severance, Valuation Methods, Planning Law
Constitutional Law Land Law Compulsory Acquisition Compulsory Acquisition of Land Assessment of Compensation Injurious Affection Severance Valuation Methods +1 more

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Parties

Estate of Dame Bernice Lake QC (Deceased)

Appellant/respondent

Conch Bay Development Ltd

Appellant/respondent

Attorney General of Anguilla

Respondent/appellant

Procedural Posture

Appeal / Judgment of the Judicial Committee of the Privy Council on Appeal From the Court of Appeal of the Eastern Caribbean Supreme Court

Legal Issues

  1. 1 What is the correct method for assessing compensation for compulsory acquisition of land under the Land Acquisition Act (Anguilla) in conformity with the Constitution?
  2. 2 Was the Board of Assessment correct in valuing the acquired land on a stand-alone basis?
  3. 3 Was the Court of Appeal correct to substitute its own valuation and method?

Ratio Decidendi

The Board of Assessment was entitled to value the acquired land on a stand-alone basis for residential use, as the evidence did not support the feasibility of high-end tourism development or the appropriateness of the 'before and after' valuation method. The Court of Appeal erred in substituting its own valuation and method without proper evidential basis. The assessment of injurious affection was supported by credible evidence and concurrent findings of fact, which should not be disturbed.

Court Disposition

Attorney General's appeal allowed; Lake appellant's appeal dismissed.

Orders

  • The decision of the Court of Appeal is set aside.
  • The assessment of compensation by the Board of Assessment is restored.