The Fagernes
| Jurisdiction | England & Wales |
| Judgment Date | 15 July 1927 |
| Date | 15 July 1927 |
| Docket Number | Case No. 96. |
| Court | Court of Appeal |
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
39 cases
-
Ffrost v Stevenson (1937) 58 CLR 528
...and extent of the authority claimed by the Crown in and over a territory 39 is primarily a matter for the executive (Cp. The Fagernes 56 (1927] P 311). These two considerations appear to me to be a complete answer to the contention that the attempt to deal with New Guinea under s36 is ineff......
-
Earl of Lonsdale v Attorney General
...law officer of the Crown's claim to sovereignty or jurisdiction over any place, must give effect to it and are bound by it: see The FagernesELR[6] [1927] P. 311. And so, when any Act of Parliament refers to the United Kingdom or to the territorial waters adjacent thereto those expressions m......
-
Serdar Mohammed & Others v Secretary of State for Defence
...state cannot speak with two voices on such a matter, the judiciary saying one thing, the executive another." See also, for example, The Fagernes [1927] P 311; In re Westinghouse Electric Corporation Uranium Contract Litigation M.D.L. Docket No. 235 (Nos. 2 and 3) [1978] AC 547, at pg 616 an......
-
Christian and Others v The Queen
...starting with the direction of the Secretary of State in 1898 and ending with the making of the 1970 Order in Council. In The Fagernes [1927] P 311, 324, Atkin LJ said: "What is the territory of the Crown is a matter of which the Court takes judicial notice. The Court has, therefore, to inf......
Get Started for Free
2 books & journal articles
-
JUSTICE, LEGALITY, AND THE RULE OF LAW: LESSONS FROM THE PITCAIRN PROSECUTIONS. Ed by Dawn Oliver Oxford: Oxford University Press (www.oup.com), 2009. xxiv + 295 pp. ISBN 9780199568666. £50.
...But none of the arguments about the rule of law was aired in London. Lord Hoffmann adopted the formalistic approach found in The Fagernes [1927] P 311 at 324, in terms of which the Board was bound by the executive's statement that the Pitcairn Islands were Crown territory. English law thus ......
-
CHAPTER 23 EXTRATERRITORIAL EFFECT OF U.S. LAWS: THE VIEW FROM THE OUTSIDE
...against United Kingdom companies. The courts should in such matters speak with the same voice as the executive (see The Fagernes (1927) P.311): they have, as I stated, no difficulty in doing so." Still on the subject of Letters Rogatory, consider XAG v. A Bank (1983) 2 ALLER 464, more commo......