Estate of Dame Bernice Lake QC (Deceased) (Appellant) v Attorney General of Anguilla (Respondent) (Anguilla)

Estate of Dame Bernice Lake QC (Deceased) (Appellant) v Attorney General of Anguilla (Respondent) (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 a higher value for high-end tourism development or a total restriction on development for injurious affection. The Court of Appeal erred in substituting its own valuation method and figures without proper evidential basis or procedural fairness.

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 (privy Council) / Final Appellate Judgment
Outcome
Attorney General's appeal allowed; Lake appellant's appeal dismissed.
Legal Topics
Compulsory Purchase Compensation, Assessment of Compensation, Injurious Affection, Severance, Valuation Methods
Constitutional Law Land Law Compulsory Acquisition Compulsory Purchase Compensation Assessment of Compensation Injurious Affection Severance Valuation Methods

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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 (privy Council) / Final Appellate Judgment

Legal Issues

  1. 1 What is the correct method for assessing compensation for compulsory acquisition of land under the Land Acquisition Act (Anguilla) and the Constitution?
  2. 2 Was the Board of Assessment's valuation method lawful and reasonable?
  3. 3 Was there a total restriction on development within the affected land (injurious affection)?

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 a higher value for high-end tourism development or a total restriction on development for injurious affection. The Court of Appeal erred in substituting its own valuation method and figures without proper evidential basis or procedural fairness.

Court Disposition

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

Orders

  • Court of Appeal's award set aside; Board of Assessment's award restored.
  • No remittal to the Board of Assessment.