HHB successfully acted for claimants in contested High Court proceedings against the Government arising from the compulsory acquisition of land and the State’s inordinate failure to pay full and prompt compensation, contrary to section 6(1) of the Constitution.
Following contested proceedings before the High Court, HHB secured judgment in excess of EC$8 million, arising from a 41-year delay in the payment of compensation. HHB successfully advanced the legal position that the statutory interest cap set out in the Land Acquisition Act operated as an unlawful fetter on the constitutional right of full and prompt compensation. The Court further accepted that, where delay is inordinate, compound interest may properly be awarded as damages.
This judgment reaffirms HHB’s extensive experience in advising on constitutional and public law matters.
