Branchage legal case leaves parish with £55k costs

Constable of Trinity Philip Le Sueur says it has been difficult for the parish

The Parish of St Trinity says it has been left with legal costs of about £55,000 after a parishioner incorrectly used an ancient legal injunction to stop hedges being cut near her home.

In 2023, Nicola de Gruchy used the Clameur de Haro to prevent parish workers from doing legally required branchage by a road she claimed went through her land at Rue Becq.

The Clameur de Haro is an ancient legal injunction rooted in Norman law allowing a person to halt actions they believe are disturbing their land.

But a Royal Court judgement decided Ms de Gruchy did not own the land. Legal costs to the parish were almost £100,000, it said, and Ms de Gruchy paid £45,000 as part of a final settlement.

Parishes in Jersey are legally required to do the branchage to keep roads as safe as possible.

Ms de Gruchy claimed the road was narrower than the parish had said and invoked the emergency injunction, but it can only legally work if the person raising it is in possession of the land.

The Royal Court decided the clameur had been used incorrectly because Ms de Gruchy did not own the land.

She was fined £1,000 and told she had to pay the legal costs of the parish.

Constable of Trinity Philip Le Sueur said the legal procedure had been difficult.

He said "the parish did everything possible at every stage of the clameur proceedings to minimise the parish's expenditure on legal costs and therefore the eventual shortfall to be met by the parish".

But added: "Unfortunately, the parish had no option but to react appropriately when made a defendant in legal proceedings."

The BBC has been unable to contact Ms de Gruchy for comment.