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East Caribbean Court of Appeal Compulsory Purchase Decision

Guy Roots QC

The East Caribbean Court of Appeal has handed down its decision on an appeal concerning compensation for the compulsory purchase of land for an extension to the runway at the airport on the island of Anguilla: Estate of Bernice Lake QC (Deceased) v Attorney General of Anguilla AXAHCVAP2016/0003. Guy Roots QC appeared for the Attorney General (that is, the Government) of Anguilla. Departing from the approach normally adopted in UK, the Court held (amongst other things) that the before-and-after method of valuation was a legitimate means of assessing the value of the land acquired and injurious affection to the land retained and that the land should be valued on the basis that it was suitable for high-end tourism development and so the Court increased the amount which had been awarded by the Board of Assessment.