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Important Compensation Decision in East Caribbean Court of Appeal

Guy Roots QC

In assessing compensation for the compulsory purchase of waterfront land to which mooring rights were appurtenant which had the potential for development as a marina, the Board of Assessment had calculated the amount payable at $3m on the basis of a residual valuation of the mooring rights but had declined to include the value of the land on the ground that it would be "double-counting". It also declined to award interest on the ground that the claim had been exaggerated. The East Caribbean Court of Appeal decided that the value of the land at $2m should have been included, and also decided that interest should have been awarded. Costs were awarded on the indemnity basis. Guy Roots QC appeared for the successful Claimant/Appellant.