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	Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1998/125 - Greffier v Les Pas Holdings [1998] UR 125 (5 June 1998) URL: http://www.bailii.org/je/cases/UR/1998/125.html Cite as: [1998] UR 125

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Royal Court.

(Samedi Division)

Judgment reserved: 5 June 1998

Reasoned Judgment delivered: 17 June 1998

Before: Francis C Hamon Esq., Deputy Bailiff,

and Jurats Potter and Quérée

Between The Greffier of the States Applicant

And Les Pas Holdings, Ltd Owner

And The Waterfront Enterprise BoardThe Intervener

In the matter of the Compulsory Purchase of Land (Procedure)(Jersey) Law, 1961

And in the matter ofthe application by the Applicant for a vesting order of part of the foreshore West of Albert Pier, St. Helier.

Application by the Owner for an Order that the Court disqualify itself on the ground of the appearance of bias

Solicitor General for the Applicant

Advocate JD Kelleher for the Owner

Advocate WJ Bailhache for the Intervener

JUDGMENT

THE DEPUTY BAILIFF: On Friday, 5 June 1998, there was an application made at short notice by Les Pas Holdings Limited, concerning a suggestion of bias by the Court which was constituted by myself, and Jurats Potter and Quérée. The hearing lasted several hours and Judgment was reserved.

To deal with the question of bias in the way that it was presented would require a judgment of considerable length. That would in our view be to no avail because if "beauty is in the eye of the beholder", we have reached a conclusion that bias lies similarly in the eye of the company.

We have therefore decided (whilst refuting any allegation of bias by the Court) to appoint a senior Silk as a Commissioner with two fresh Jurats for the hearing which was set, after discussion with all counsel, for 8^th and 9^th July. In our view, the question of whether the land should vest or not is of overriding importance, particularly where these matters have been in the public domain for so many years.

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