Cooper v Att. Gen. [1987] JLR 51 (07 April 1987)

Cooper v Att. Gen. [1987] JLR 51 (07 April 1987)

Failure to register an Order in Council may amount to a purely technical rather than substantive fault.

Citation
[1987] JLR 51
Parties
Applicant: Cooper; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
07 April 1987
Procedural Posture
Constitutional Law / Judgment
Outcome
Order in Council may be registrable; failure to register is a technical fault
Legal Topics
Orders in Council, Registration in Royal Court
Constitutional Law Orders in Council Registration in Royal Court

Case Brief

Summary, issues, holding and outcome

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Parties

Cooper

Applicant

Attorney General

Respondent

Procedural Posture

Constitutional Law / Judgment

Legal Issues

  1. 1 Whether an Order in Council must be registered in the Royal Court to be acted upon
  2. 2 Whether failure to register is a substantive or technical fault

Ratio Decidendi

Failure to register an Order in Council may amount to a purely technical rather than substantive fault.

Court Disposition

Order in Council may be registrable; failure to register is a technical fault