Court : UK Supreme Court
LORD PHILLIPS Introduction These appeals require the Court to consider once again the impact of article 2 of the European Convention on Human Rights ("the Convention") on the scope of an inquest. They arise because of a change that the Grand Chamber of the Strasbourg Court has made as to the nature of the obligations imposed by article 2. I shall start by describing briefly the nature of that change. The Convention is a living instrument and over time the Strasbourg Court has extended the ambit of application of Convention rights in many areas. Article 2 provides a good example of this tendency. Article 2 provides that "(1) Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law." In McCann v United Kingdom (1995) 21 EHRR 97 the Strasbourg Court held that article 2 by implication gave rise not merely to a substant...
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LORD COLLINS (delivering the judgment of the court) Introduction 1. Part III of the Matrimonial and Family Proceedings Act 1984 was enacted to give the English court the power to grant financial relief after a marriage had been dissolved (or annulled) in a foreign country. This appeal raises for the first time at this appellate level the proper approach to the operation of Part III of the 1984 Act. 2. Mr and Mrs Agbaje ("the husband" and "the wife") were married for 38 years prior to their divorce in 2005 on the husband's petition in Nigeria. They were born in Nigeria, but both have British and Nigerian citizenship. All five children of the family were born in England. The wife has been living in England continuously since 1999, when the marriage broke down. The assets are about 700,000, of which 530,000 represents two houses in London in the husband's name, and the balance represents properties in Nigeria. The Nigerian court awarded the wife a life interest in a property in Lagos (whi...
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Douglas v. Noble - 261 U.S. 165 (1923) U.S. Supreme Court Douglas v. Noble, 261 U.S. 165 (1923) Douglas v. Noble No. 159 Argued January 2, 1923 Decided February 19, 1923 261 U.S. 165 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF WASHINGTON Syllabus 1. The law of Washington, Remington, 1915, 8412-8425, which provides that only licensed persons shall practice dentistry, vesting the licensing power in an examining board of practicing dentists and declaring that every person of good moral character with a diploma from a reputable dental college shall be eligible and shall have a license if he passes examination, is not to be construed as vesting power in the board to grant or withhold licenses arbitrarily. P. 261 U. S. 167 . 2. The statute indicates clearly, though not in terms, the general standard of fitness, and the character of examination required, leaving to the board to determine (1) what knowledge and skill fit one to practice denti...
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Noble v. United States - 319 U.S. 88 (1943) U.S. Supreme Court Noble v. United States, 319 U.S. 88 (1943) Noble v. United States No. 511 Argued April 6, 7, 1943 Decided May 3, 1943 319 U.S. 88 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA Syllabus In a permit to operate as a contract carrier under the "grandfather" clause of 209(a) of the Motor Carrier Act of 1935, it is within the authority of the Interstate Commerce Commission -- under 209(b), requiring that the Commission specify in such permit "the business of the carrier covered thereby and the scope thereof" -- to specify the shippers or types of shippers for whom the carrier may haul designated commodities. P. 319 U. S. 91 . 45 F.Supp. 793 affirmed. Page 319 U. S. 89 Appeal from a judgment of a District Court of three judges dismissing the complaint in a suit to set aside an order of the Interstate Commerce Commission. MR. JUSTICE DOUGLAS delivered the opinion of the Court....
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South Dakota v. Neville - 459 U.S. 553 (1983) U.S. Supreme Court South Dakota v. Neville, 459 U.S. 553 (1983) South Dakota v. Neville No. 81-1453 Argued December 8, 1982 Decided February 22, 1983 459 U.S. 553 CERTIORARI TO THE SUPREME COURT OF SOUTH DAKOTA Syllabus A South Dakota statute permits a person suspected of driving while intoxicated to refuse to submit to a blood alcohol test, but authorizes revocation of the driver's license of a person so refusing the test and permits such refusal to be used against him at trial. When respondent was arrested by police officers in South Dakota for driving while intoxicated, the officers asked him to submit to a blood alcohol test and warned him that he could lose his license if he refused, but did not warn him that the refusal could be used against him at trial. Respondent refused to take the test. The South Dakota trial court granted respondent's motion to suppress all evidence of his refusal to take the blood alcohol test. The S...
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Noble v. Union River Logging R. Co. - 147 U.S. 165 (1893) U.S. Supreme Court Noble v. Union River Logging R. Co., 147 U.S. 165 (1893) Noble v. Union River Logging Railroad Company No. 1157 Argued December 20, 1892 Decided January 9, 1893 147 U.S. 165 APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA Syllabus A decision of the Secretary of the Interior, in exercise of the powers conferred upon him by the Act of March 3, 1875, c. 152, 18 Stat. 482, that a designated railroad company is entitled to a right of way over public laud, cannot be revoked by his successor in office. Whether a railroad company applying for such a grant is a company which the statute authorizes to receive a grant of a right of way is a quasi -judicial question which, when once determined by the Secretary, is finally determined so far as the executive is concerned. This was a bill in equity by the union River Logging Railroad Company to enjoin the Secretary of the Interior and the Commission...
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Home for Incurables v. Noble - 172 U.S. 383 (1899) U.S. Supreme Court Home for Incurables v. Noble, 172 U.S. 383 (1899) Home for Incurables v. Noble Nos. 57, 61 Argued November 9-10, 1898 Decided January 8, 1899 172 U.S. 383 APPEALS FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus Mrs. Ruth died on the 16th of June, 1892, having on the first day of the same month and year executed both a will and a codicil. After revoking all previous wills and codicils and directing the payment of debts and funeral expenses, the will bequeathed all the real, personal or mixed property to the American Security and Trust Company for the benefit of a granddaughter, Sophia Yuengling Huston, during her natural life. On the death of the granddaughter, the will provided that the trust should end, and that it should be the duty of the trustee to pay over to the Hospital of the University of Pennsylvania the sum of five thousand dollars for purposes stated, and to deliver all the "res...
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Union Naval Stores Co. v. United States - 240 U.S. 284 (1916) U.S. Supreme Court Union Naval Stores Co. v. United States, 240 U.S. 284 (1916) Union Naval Stores Company v. United States No. 80 Submitted December 20, 1915 Decided February 21, 1916 240 U.S. 284 ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus A claim of the United States for spirits of turpentine and rosin taken from government lands is not fatally defective because the crude and not the manufactured property was taken from the land, or because the land was described by the general description by which it was known, there being no other lands so known. There being evidence from which the jury could form a reasonably certain estimate of amount of crude product taken by a trespasser from government land and the probable amount of manufactured product it would produce, held that defendant was not entitled to a peremptory instruction in his favor, or one to limit recovery to nominal damages...
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Kavanagh v. Noble - 332 U.S. 535 (1947) U.S. Supreme Court Kavanagh v. Noble, 332 U.S. 535 (1947) Kavanagh v. Noble No. 70 Argued November 18, 1947 Decided December 22, 1947 332 U.S. 535 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus 1. Assuming that the deficiency assessment and collection of the federal income tax in this case were without legal authority, the taxpayer's payment of that illegal assessment was an "overpayment" within the meaning of 322(b)(1) of the Internal Revenue Code, and (the return having been filed more than three years previously) a claim for refund was barred by limitations where not filed within two years of the date of that payment. Jones v. Liberty Glass Co., ante, p. 332 U. S. 524 . Pp. 332 U. S. 536 -538. 2. It is for Congress, not the courts, to provide remedies for inequities resulting from the application of limitations on refunds of federal taxes. P. 332 U. S. 539 . 160 F.2d 104 reversed. The District...
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LORD BROWN, delivering the judgment of the court The appellants await trial in the Crown Court at Southwark on three counts of an indictment. Count two charges them with "making funds available to Iraq, contrary to articles 3(a) and 11(4) of the Iraq (United Nations Sanctions) Order 2000 and section 1 of the United Nations Act 1946". The particulars of offence allege that the appellants "being directors of Mabey and Johnson Ltd, between 1 May 2001 and 1 November 2002, consented to, or connived in, the making of ‚422,264 available to the government of the Republic of Iraq, or a person resident in the Republic of Iraq, by Mabey and Johnson, without the authority of a licence granted by the Treasury." Mabey and Johnson Ltd were in the business of exporting pre-fabricated bridges to developing countries and the essential allegation against the appellants is that they consented to the company's entering into an arrangement which facilitated the Iraqi Government's avoidance of intern...
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