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Case details

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

Case ID: JCPC 2020/0023

Jurisdiction: Court of Appeal of the Eastern Caribbean Supreme Court (Anguilla)

Case summary

Issue

How much compensation should the Government of Anguilla have to pay for compulsorily acquiring land to expand Wallblake Airport?

Facts

In 2003, the Government of Anguilla compulsorily acquired 26 acres of land in order to expand Wallblake Airport. Those 26 acres fell within a parcel of 110 acres owned by Dame Bernice Lake QC (called "Parcel 100"). Parcel 100 was separated by a road from another 260 acres of land owned by Dame Bernice’s family (called "Parcel 126").

Following her death in 2011, the Estate of Dame Bernice ("the Estate") and Conch Bay Development Limited ("the Company"), which by then owned Parcels 100 and 126, brought a claim against the Government of Anguilla for $52.79m in compensation. The Estate was awarded $1.26m. The Company was not awarded anything.

The Estate and the Company together appealed to the Eastern Caribbean Court of Appeal, which substituted the award of $1.26m for an award of $19.15m. Both sides now appeal to the Judicial Committee of the Privy Council.

Parties

Appellant(s)

Estate of Dame Bernice Lake QC (Deceased)

Respondent(s)

Attorney General of Anguilla

Appeal

Justices

Lord Briggs, Lord Arden, Lord Burrows, Lord Stephens, Lady Rose

Hearing start date

23 November 2021

Hearing finish date

24 November 2021