Lesquende Ltd v Planning and Environment Committee

JurisdictionJersey
CourtRoyal Court
JudgeHamon, Deputy Bailiff:
Judgment Date13 March 1996
Date13 March 1996
ROYAL COURT
Hamon, Deputy Bailiff:

M.M.G. Voisin for the plaintiff;

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

Cases cited:

(1) Att. Gen. v. McKinney, Royal Ct., January 3rd, 1992, unreported, considered.

(2) Baker (ne Knott) v. Public Works Cttee., 1968 J.J. 965, applied.

(3) Barker v. Jersey Elec. Co. Ltd., 1973 J.J. 2491, considered.

(4) Burt v. States, 1994 JLR 245, applied.

(5) Corocraft v. Pan American Airways Inc., [1969] 1 Q.B. 616; [1969] 1 All E.R. 82; [1968] 2 Lloyds Rep. 459; (1968), 112 Sol. Jo. 903, dictum of Donaldson, J. considered.

(6) Horn v. Sunderland Corp., [1941] 2 K.B. 26; [1941] 1 All E.R. 480; (1941), 165 L.T. 298; 57 T.L.R. 404; 110 L.J.K.B. 353; 105 J.P. 223; 39 L.G.R. 367; 85 Sol. Jo. 212, dicta of Scott, L.J. considered.

(7) Le Gros v. Housing Cttee., 1974 J.J. 77, considered.

(8) Le Gros v. Housing Cttee., 1977 J.J. 59, considered.

(9) Lord Advocate v. Walker Trustees, [1912] A.C. 95; (1911), 106 L.T. 194; 28 T.L.R. 101; sub nom. Walker Trustees v. Lord Advocate, 1912 S.C. (H.L.) 12; 49 S.L.R. 73; 1911, 2 S.L.T. 455, considered.

(10) Matthews v. Inland Rev. Commrs., [1914] 3 K.B. 192; (1914), 110 L.T. 931; 83 L.J.K.B. 1552, considered.

(11) Maunsell v. Olins, [1975] A.C. 373; [1975] 1 All E.R. 16; (1974), 30 P. & C.R. 1; 118 Sol. Jo. 882, dicta of Lord Simon of Glaisdale considered.

(12) Pajama Ltd. v. Ferpet Invs. Ltd., 1982 J.J. 137, considered.

(13) R. v. Swabey (No. 2), [1973] 1 W.L.R. 182; [1973] 1 All E.R. 711; (1972), 117 Sol. Jo. 90, considered.

(14) Simpson v. Inland Rev. Commrs., [1914] 2 K.B. 842; (1914), 110 L.T. 909; 30 T.L.R. 436; 83 L.J.K.B. 1318, considered.

Additional cases cited by counsel:

Abdel Rahman v. Chase Bank (C.I.) Trust Co. Ltd., 1991 JLR 103.

Aberdeen (City) D.C. v. Sim (1982), 47 P. & C.R. 278.

Allen v. Thorn Elec. Indus. Ltd., [1967] 2 All E.R. 1137.

Astley v. Inland Rev. Commrs., [1974] STC 367.

Att. Gen. v. Weston, 1979 J.J. 141.

Birmingham Corp. v. West Midland Baptist (Trust) Assn. (Inc.), [1970] A.C. 874.

Black-Clawson Intl. Ltd. v. Papierwerke Waldhof-Aschaffenburg, [1975] A.C. 591.

Campbell College Belfast (Governors) v. Commissioners of Valuation for N. Ireland, [1964] 2 All E.R. 705.

Central Control Bd. (Liquor Traffic) v. Cannon Brewery Co. Ltd., [1919] A.C. 744.

Colonial Sugar Refining Co. Ltd. v. Melbourne Harbour Trust Commrs., [1927] A.C. 343.

Defence Secy. v. Guardian Newspapers Ltd., [1985] A.C. 339.

Fairview Farm Ltd. v. Island Dev. Cttee., Royal Ct., November 9th, 1995, unreported.

Harvey v. Crawley Dev. Corp., [1957] 1 All E.R. 504.

Hull & Humber Inv. Co. Ltd. v. Hull Corp., [1965] 1 All E.R. 429.

Island Tug & Barge Ltd. v. Owners of S.S. Makedonia, [1958] 1 All E.R. 236.

Lee v. Minister of Transport, [1966] 1 Q.B. 111.

London County Council v. Tobin, [1959] 1 All E.R. 649.

Luke v. Inland Rev. Commrs., [1963] A.C. 557.

Metropolitan Police Dist. Receiver v. Croydon Corp., [1956] 2 All E.R. 785.

Middlesex County Council v. Kingsbury U.D.C., [1909] 1 K.B. 554.

Prasad v. Wolverhampton B.C., [1983] 2 All E.R. 140.

R. v. Governor & Guardian of Poor of Kingston-upon-Hull (1853), 22 L.J.Q.B. 324.

R. v. Greater Manchester Coroner, ex p. Tal, [1984] 3 All E.R. 240.

Redfield Hardware Ltd. v. Bristol Corp. (1963), 15 P. & C.R. 47.

Sadik v. London Borough of Haringey (1978), 37 P. & C.R. 120.

Smith v. Strathclyde Regional Council (1980), 42 P. & C.R. 397.

Sussex Peerage Case (1844), 8 E.R. 1034.

United Land Co. v. Tottenham Local Bd. of Health (1884), 13 Q.B.D. 640.

Venables v. Department of Agiculture for Scotland, 1932 S.C. 573.

Wright, In re, ex p. Willey (1883), 23 Ch. D. 118.

Legislation construed:

Compulsory Purchase of Land (Procedure) (Amendment No. 5) (Jersey) Law 1994, art. 5: The relevant terms of this article are set out at page 73, lines 19-24.

Compulsory Purchase of Land (Procedure) (Jersey) Law 1948, art. 8(10): The relevant terms of this paragraph are set out at page 76, lines 36-37.

art. 9(4): The relevant terms of this paragraph are set out at page 76, lines 39-42.

Compulsory Purchase of Land (Procedure) (Jersey) Law 1953, art. 13: The relevant terms of this article are set out at page 74, lines 32-33.

Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, art. 14(1):

"There shall be paid to the members of the Board fees in accordance with such scale as the States may by regulation determine."

art. 14(2), as amended by the Compulsory Purchase of Land (Procedure) (Amendment No. 5) (Jersey) Law 1994, art. 3: The relevant terms of this paragraph are set out at page 73, lines 28-32.

art. 14A, as added by the Compulsory Purchase of Land (Procedure) (Amendment No. 5) (Jersey) Law 1994, art. 4: The relevant terms of this article are set out at page 73, line 33 - page 74, line 8.

art. 19: The relevant terms of this article are set out at page 79, lines 11-19.

Costs in Criminal Cases (Jersey) Law 1961, art. 2(4): The relevant terms of this paragraph are set out at page 84, lines 19-25.

art. 3(2): The relevant terms of this paragraph are set out at page 84, lines 27-35.

Loi (1847) touchant l'acquisition de terres etc., par le Gouvernement de Sa Majest pour la construction de Fortifications, preamble: The relevant terms of the preamble are set out at page 76, lines 1-6.

art. 6: The relevant terms of this article are set out at page 76, lines 9-18.

art. 10: The relevant terms of this article are set out at page 76, lines 20-23.

Planning Lawcompulsory purchasesettlement of price by arbitration"expenses" incurred in proceedings under Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, art. 14(2) includes reasonably incurred legal costs of parties"proceedings" includes proceedings before Board of Arbitrators and consequent legal proceedings

Planning Lawcompulsory purchasesettlement of price by arbitrationsince "costs" in Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, art. 14A includes "fees, charges and expenses," if no exercise by Board of power to order party to pay costs of any other party, court may order acquiring authority to pay seller's legal costs as "expenses" under art. 14(2)

Planning Lawcompulsory purchasesettlement of price by arbitrationlegal costs incurred in proceedings before Board of Arbitrators properly taxed by Greffier although neither he nor Royal Court involved in proceedings

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

The plaintiff company owned land which the defendant Committee wished to purchase on behalf of the Public of the Island and following unsuccessful negotiations between the parties, the Royal Court ordered that the sale price be determined by arbitration under the provisions of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961.

In proceedings before the Board of Arbitrators, both parties were represented by counsel. The proceedings took place before the coming into force of the Compulsory Purchase of Land (Procedure) (Amendment No. 5) (Jersey) Law 1994. Following the Board's decision, the plaintiff made the present application to the Royal Court for an order that the defendant pay its costs incurred in the arbitration, submitting, inter alia, that (a) the requirement in art. 14(2) of the 1961 Law that "all expenses incurred in proceedings under this Law shall be paid by the acquiring authority" clearly made the defendant liable to pay all the costs occasioned by the arbitration, including the plaintiff's legal costs; (b) the plaintiff's paying its own costs would result in its not being fully compensated for the land compulsorily purchased (since the Board's award did not take legal costs into account), which was contrary to the policy of the 1961 Law; and (c) "proceedings" in art. 14(2) included not only the arbitration itself but also any legal proceedings subsequently arising from it, the costs of both of which were to be taxed in the normal way.

The defendant submitted in reply, inter alia, that (a) the word "expenses" in art. 14(2) was not synonymous with the word "costs" and did not include the legal costs of the parties, but referred only to the expenses of the Board itself; (b) the use of the word "all" in art. 14(2) confirmed this view, since it could not have been the purpose of the legislature to make the acquiring authority liable for all the costs of both the arbitration itself and any subsequent legal proceedings, no matter how protracted or how unreasonable the costs incurred; and (c) in any case the costs could not be submitted for taxation since neither the court nor the Judicial Greffier had taken any part in the "proceedings" before the Board.

The court also considered whether the position would be any different following the coming into force of the 1994 Law, which (a) made payment of the expenses referred to in art. 14(2) of the 1961 Law subject to an order made by the Board for reimbursement by any party; and (b) added art. 14A to the 1961 Law, which by para. (1) allowed the Board to order that the costs incurred by any party be paid by any other party and by para. (5) defined "costs" as including "any fees, charges and expenses of the arbitration or award."

Held, allowing the plaintiff its costs:

(1) The use of the words "all expenses incurred in proceedings under this Law" in art. 14(2) could not sensibly be taken to make the defendant liable for all the costs of the proceedings, including legal proceedings arising from the arbitration, no matter how protracted and no matter how unreasonable the costs incurred. On the other hand, it was clear that the intention of the legislature, as determined solely from the words used in the Law, was not to limit the expenses obtainable to the expenses of the Board, but to allow all the expenses reasonably incurred by any party in the proceedings, including the acquiring authority, in the "proceedings" under the Law (which...

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2 cases
  • Planning and Environment Committee v Lesquende Ltd
    • Jersey
    • Court of Appeal
    • 1 November 1996
    ...Law, by which "compensation for ... any other matter not directly based on the value of land" was left open. This judgment is reported at 1996 JLR 68. In the same Order of Justice, the respondent claimed that it was entitled to interest on the sum awarded (which had not yet been quantified ......
  • Lesquende Ltd v Planning and Environment Committee
    • Jersey
    • Royal Court
    • 15 July 1996
    ...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 cla......

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