The Fagernes
| Jurisdiction | England & Wales |
| Judgment Date | 15 July 1927 |
| Date | 15 July 1927 |
| Docket Number | Case No. 96. |
| Court | Court of Appeal |
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40 cases
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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......
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Madzimbamuto v Lardner-Burke
...itself noticed to be the true factual position. Reliance was also placed by counsel for the applicant on the case of The FagernesELR, [1927] P. 311,[1] and the case of Direct United States Cable Company v. Anglo-American Telegraph Company, (1877) 2 A.C. 394. In the Fagernes case, Atkin L.J.......
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CF v The Secretary of State for the Home Department
...for her assistance. 117 The precise form of an executive statement is immaterial ( The Parlement Belge (1880) 5 P.D. 197; The Fagernes [1927] P. 311.) I accept that this letter is an authoritative statement of the position of Her Majesty's Government. Somaliland — A Sovereign State in Inter......
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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......
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2 books & journal articles
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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 ......
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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......