Lesquende Ltd v Planning and Environment Committee

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Hamon, Deputy Bailiff:
• Judgment Date: 15 July 1996
• Date: 15 July 1996

ROYAL COURT

Hamon, Deputy Bailiff:

M.M.G. Voisin for the plaintiff;

W.J. Bailhache, Crown Advocate, for the defendant.

Case cited:

(1) Muir Associates v. Ann St. Brewery Co. Ltd., 1994 JLR 254, considered.

Legislation construed:

Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, art. 9A(4), as added by the Compulsory Purchase of Land (Procedure) (Amendment No. 3) (Jersey) Law 1981, art. 3(2): The relevant terms of this paragraph are set out at page 256, line 44 - page 257, line 3.

Interest on Debts and Damages (Jersey) Law 1971, art. 1(1), as amended by the Interest on Debts and Damages (Amendment) (Jersey) Law 1988, art. 2:

"In any proceedings for the recovery of any debt or damages, the Court may, if it thinks fit, order that there shall be included in the sum for which judgment is given interest at such rate as it thinks fit on the whole or any part of the debt or damages for the whole or any part of the period between the date when the cause of action arose and the date of the judgment...."

Interest on Debts and Damages (Jersey) Law 1996, art. 2(1): The relevant terms of this paragraph are set out at page 257, line 36 - page 258, line 2.

Text cited:

Halsbury's Laws of England, 4th ed., vol. 44(1), paras. 1284 and 1285, at 765.

Civil Procedure—judgments and orders—interest on judgment debt—law applicable—although by art. 2(1), Interest on Debts and Damages (Jersey) Law 1996 applies to proceedings "whenever instituted," presumption against retroactivity means not applicable if judgment given before Law came into force

Civil Procedure—judgments and orders—interest on judgment debt—inclusion of interest in judgment debt—no interest on award of costs incurred in statutory arbitration under Interest on Debts and Damages (Jersey) Law 1971 or 1996 since not "proceedings for the recovery of any debt or damages"

The plaintiff sought an order that its costs incurred in statutory arbitration proceedings be paid by the defendant.

The defendant Committee wished to purchase land owned by the plaintiff company compulsorily on behalf of the Public of the Island and a price was determined by the Board of Arbitrators pursuant to the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961. The plaintiff then sought an order that the defendant pay its costs incurred in the arbitration, including its legal costs, since the Board had made no order in that respect. The Royal Court (Hamon, Deputy Bailiff) ordered that its legitimate expenses, including legal costs reasonably incurred, should be paid by the defendant since by art. 14(2) of the 1961 Law "... all expenses incurred in proceedings under this Law shall be paid by the acquiring authority" and "expenses" included legal costs. This judgment (reported at 1996 JLR 68) was given before the coming into force of the Interest on Debts and Damages (Jersey) Law 1996.

In the same Order of Justice, the plaintiff claimed that it was entitled to be paid interest on the sum awarded (which had not yet been quantified by the Judicial Greffier). It submitted that (a) by art. 2(1) of the 1996 Law, the court had the power to award interest "in any proceedings, whenever instituted" and since the Law therefore operated retrospectively, it applied to the present case; and (b) whether under the 1996 Law or the previous Law, the Interest on Debts and Damages (Jersey) Law 1971, it was entitled to interest since the award of costs made in the previous judgment was a debt, albeit not yet quantified, upon which it was entitled to be paid interest under either Law because the present proceedings were "proceedings for the recovery of any debt or damages."

The defendant submitted in reply that (a) although the 1996 Law applied to "any proceedings, whenever instituted," it could only apply to such proceedings if judgment had not been given (and in the present case it had); and (b) the plaintiff's claim for costs did not amount to "proceedings...