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    Luther Vs Sagor

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    Shivesh Raghuvanshi
    Luther vs. Sagor was a 1921 case before the English Court that dealt with the recognition of de facto governments. The case involved a dispute over goods purchased by the defendant from representatives of the Soviet government in Russia. The court held that since the British government had recognized the Soviet government as the de facto power in Russia, the acts of that government must be treated as valid by British courts. The judgment established that a de facto government acquires sovereign immunity from legal challenges in the courts of recognizing states.

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    Luther Vs Sagor

    Uploaded by

    Shivesh Raghuvanshi
    2K views2 pages
    Luther vs. Sagor was a 1921 case before the English Court that dealt with the recognition of de facto governments. The case involved a dispute over goods purchased by the defendant from representatives of the Soviet government in Russia. The court held that since the British government had recognized the Soviet government as the de facto power in Russia, the acts of that government must be treated as valid by British courts. The judgment established that a de facto government acquires sovereign immunity from legal challenges in the courts of recognizing states.

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    International Case law

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    Luther vs Sagor

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    Luther vs. Sagor was a 1921 case before the English Court that dealt with the recognition of de facto governments. The case involved a dispute over goods purchased by the defendant from representatives of the Soviet government in Russia. The court held that since the British government had recognized the Soviet government as the de facto power in Russia, the acts of that government must be treated as valid by British courts. The judgment established that a de facto government acquires sovereign immunity from legal challenges in the courts of recognizing states.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views2 pages

    Luther Vs Sagor

    Uploaded by

    Shivesh Raghuvanshi
    Luther vs. Sagor was a 1921 case before the English Court that dealt with the recognition of de facto governments. The case involved a dispute over goods purchased by the defendant from representatives of the Soviet government in Russia. The court held that since the British government had recognized the Soviet government as the de facto power in Russia, the acts of that government must be treated as valid by British courts. The judgment established that a de facto government acquires sovereign immunity from legal challenges in the courts of recognizing states.

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     Name of Judgment Luther vs.

    Sagor
     Popularly Name for
     Bench and Name Bankers, Warrington L.J.
     Succeeded from (if any) The Arantzanu Case(1939)
     Overruled by (If any)
     Parties Appearing in the case Luther and Sagor
     Summary De-facto recognition can be the ground valid regognition if granted by others
     Ratio The de-facto govt acquires the sovereign immunity from being sued in the courts of a
    recognising state.
     Principle (if any)
     Related developments:

    Citations: (1921) 3 KB 532.


    Case name: Party 1 Luther
    Party 2 Sagor
    Party 3
    Party 3 role:
    Additional case Name type: The Arantzanu Mendi
    name:

    Party 1
    Party 2
    Party 3
    Party 3 role:
    Other case Name Bank of Ethiopia vs. National Bank of Egypt & Ligouri(1937)3 All ER 8
    name:
    Name type
    Date:
    Jurisdiction/Court/Chamber: English Court
    Judge(s): Name Role Opinion
    Bankers, L.J. Major Assenting
    Warrington, L.J. Assenting

    Procedural stage:
    Previous stages:
    Subsequent stages:
    Related developments:
    Key subject: De-facto recognition
    Keywords: Recognition, De-facto, de-jure
    Core issues: Recognition de-facto govt.
    Facts: In 1918, Russia passed a decree for nationalising mechanical sawmills and wood
    working establishments belonging to private or limited companies, and took over the
    plaintiff’s mill.
    Representatives of Russia govt entered into contract with the defendant to sell some
    timber, etc.
    The plaintiff requested the court to declare that all goods purchased were his property
    and contended the Soviet Govt. was not recognised in UK.
    Held: In favour of defendant, held that the Govt of the Britain having recognised the Soviet
    Govt. really in possession of powers of sovereignty in Russia, the acts of that govt must
    be treated by the courts of that country.
    Analysis: The de-facto govt acquires the sovereign immunity from being sued in the courts of a
    recognising state.
    Further analysis (constitutional
    morality/ethicality):
    Instruments cited: H.O aggarwal and S.K. kapur Books on International Law.
    Cases cited: Bank of Ethiopia vs. National Bank of Egypt & Ligouri(1937)3 All ER 8, The Arantzanu
    Mendi(1939)1 All ER 719.

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