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 8th and 9th 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.
No Authorities