House of Lords Journal 231 (Session 1997-98)


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Monday 6 October 1997

The House met at eleven o’clock.

The following Lords Spiritual and Temporal were present:

Clyde, L.
Goff of Chieveley, L.
Hope of Craighead, L.
Slynn of Hadley, L.
Steyn, L.

PRAYERS were read by the Lord Bishop of Bristol.

1.Smith (Appellant) v. Chief Constable of Wiltshire Constabulary and others (Respondents) (England) (lodged 1st August)—The appeal of Georgina Lois Smith was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 17th November next.
2.Regina v. Secretary of State for the Environment (Appellant) ex parte Council of the London Borough of Camden (Respondents) (England) (lodged 4th August)—The appeal of Secretary of State for the Environment was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 17th November next.
3.Secretary of State for the Home Department (Appellant) v. Adan (A.P.) (Respondent) (England) (lodged 12th August)—The appeal of the Secretary of State for the Home Department was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 17th November next.
4.In re T (a minor) (1997) (England)—The appeal of the mother was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 17th November next.
5.Regina v. Southwark Crown Court (Appellants) ex parte Bowles (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—The appeal of the Director of Public Prosecutions was presented and ordered to be prosecuted subject to the procedures applicable thereto.

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6.Regina v. Burt & Adams Limited (Respondents) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of the Director of Public Prosecutions was presented and ordered to be prosecuted subject to the procedures applicable thereto.
7.Regina v. Martin (Appellant) (On Appeal from Her Majesty’s Courts-Martial Appeal Court)—The appeal of Alan Martin was presented and ordered to be prosecuted subject to the procedures applicable thereto.
8.Glencore Grain Rotterdam BV (formerly Richo Rotterdam BV) (Respondents) v. Lebanese Organisation for International Commerce (Petitioners) (lodged 21st July)—The petition of the Lebanese Organisation for International Commerce praying for leave to appeal was presented and referred to an Appeal Committee.
9.T G A Chapman Limited and others (Respondents) v. Christopher and others (Petitioners) (lodged 5th August)—The petition of the Sun Alliance and London Insurance plc praying for leave to appeal was presented and referred to an Appeal Committee.
10.Co-Operative Wholesale Society Limited (Respondents) v. Birse Construction Limited (formerly Peter Birse Limited) (Petitioners) (lodged 8th August)—The petition of Birse Construction Limited praying for leave to appeal was presented and referred to an Appeal Committee.
11.Regina v. Secretary of State for the Home Department (Respondent) ex parte Kerrouche (A.P.) (Petitioner) (lodged 8th August)—The petition of Mohammed Kerrouche praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.
12.Atari Corp (UK) Limited (Petitioners) v. The Electronics Boutique Stores (UK) Limited (Respondents) (lodged 13th August)—The petition of Atari Corp (UK) Limited praying for leave to appeal was presented and referred to an Appeal Committee.
13.In re Cuoghi (Petitioner) (application for a writ of Habeas Corpus) (lodged 13th August)—The petition of Sergio Cuoghi praying for leave to appeal was presented and referred to an Appeal Committee.
14.Credit Lyonnais Nederland NV (now known as Generale Bank Nederland NV) (Petitioners) v. Export Credits Guarantee Department (Respondents) (lodged 20th August)—The petition of Generale Bank Nederland NV praying for leave to appeal was presented and referred to an Appeal Committee.
15.Taylor and others (Petitioners) v. Director of the Serious Fraud Squad and others (Respondents) (lodged 20th August)—The petition of Thomas Patrick Denton Taylor and Monarch Assurance Plc. praying for leave to appeal was presented and referred to an Appeal Committee.
16.Al-Fayed (Petitioner) v. Emanouel Antiques Limited (Respondents) (lodged 21st August)—The petition of Mohamed Al-Fayed praying for leave to appeal was presented and referred to an Appeal Committee.
17.Cinpres Limited and others (Petitioners) v. Ladney and another (Respondents) (lodged 22nd August)—The petition of Cinpres Limited and Tamworth Mouldings Limited praying for leave to appeal was presented and referred to an Appeal Committee.
18.Powell (A.P.) and another (A.P.) (Petitioners) v. Boladz and others (Respondents) (lodged 22nd August)—The petition of William Cassie Powell praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.
19.Atkinson and others (Petitioners) v. Lord (Respondent) (lodged 27th August)—The petition of
R. H. Atkinson, R. & J. P. Richardson, Mr. & Mrs. B. Randells, T. M. & D. M. Dobson, Mr. & Mrs. R. F. Park and A. Wilson praying for leave to appeal was presented and referred to an Appeal Committee.
20.Norman (A.P.) (Petitioner) v. Jewson Limited (Respondents) (lodged 27th August)—The petition of Jack Norman praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.
21.Regina v. Sefton Metropolitan Borough Council (Petitioners) ex parte Help the Aged and another (Respondents) (lodged 27th August)—The petition of Sefton Metropolitan Borough Council praying for leave to appeal was presented and referred to an Appeal Committee.
22.Society of Lloyds (Respondents) v. Robinson (Petitioner) and another (lodged 27th August)—The petition of Wayne Kirk Robinson (substituted as first defendant to these proceedings in place of David Laurence Woodard by order of the Court of Appeal of 31st July 1997) praying for leave to appeal was presented and referred to an Appeal Committee.
23.Humberclyde Finance Group Limited (Respondents) v. Mirza and another (Petitioners) (lodged 27th August)—The petition of Camran Wyn Mirza and Rahat Adnan Mirza praying for leave to appeal was presented and referred to an Appeal Committee.

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24.Whybro (Petitioner) v. Seymour (Respondent) (lodged 28th August)—The petition of Margaret Elizabeth Whybro praying for leave to appeal was presented and referred to an Appeal Committee.
25.Society of Lloyds (Respondents) v. Wilkinson (Petitioner) (lodged 28th August)—The petition of David Walter Wilkinson praying for leave to appeal was presented and referred to an Appeal Committee.
26.Lam and others (Petitioners) v. Brennan (trading as Namesakes of Torbay) and others (Respondents) (lodged 29th August)—The petition of Chung Tak Lam, Mary Lam, Patricia Lam and Christopher John Lam praying for leave to appeal was presented and referred to an Appeal Committee.
27.Agnew (Suing on his own behalf and in a representative capacity on behalf of all members of Lloyds Syndicates 672, 79, 1023 and 590) and others (Respondents) v. Lansforsakringsbolagens AB (Petitioners) (lodged 29th August)—The petition of Lansforsakringsbolagens AB praying for leave to appeal was presented and referred to an Appeal Committee.
28.Regina v. Warwickshire County Council (Petitioners) ex parte Powergen plc (Respondents) (lodged 29th August)—The petition of Warwickshire County Council praying for leave to appeal was presented and referred to an Appeal Committee.
29.Rye and others (Trustees of the Dennis Rye Pension Fund) (Respondents) v. Sheffield City Council (Petitioners) and one other appeal (lodged 1st September)—The petition of Sheffield City Council praying for leave to appeal was presented and referred to an Appeal Committee.
30.Barrett (A.P.) (Petitioner) v. London Borough of Enfield (Respondents) (lodged 3rd September)—The petition of Keith Trevor Barrett praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.
31.Regina v. Criminal Injuries Compensation Board (Respondents) ex parte Avraam (A.P.) (Petitioner) (lodged 3rd September)—The petition of Miriam Avraam praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.
32.Regina v. Bow Street Magistrates Court and others (Respondents) ex parte McDonald (A.P.) (Petitioner) (lodged 5th September)—The petition of Brian Bruno McDonald praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.
33.Armitage (A.P.) (Petitioner) v. Nurse and others (Respondents) (lodged 16th September)—The petition of Paula Rachel Armitage praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.
34.Islam (A.P.) (Petitioner) v. Secretary of State for the Home Department (Respondent) (lodged 22nd September)—The petition of Shahana Sadiq Islam praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.
35.Regina v. Immigration Appeal Tribunal and another (Respondents) ex parte Shah (A.P.) (Petitioner) (lodged 23rd September)—The petition of Syeda Khatoon Shah praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.
36.Regina v. Hertfordshire County Council (Respondents) ex parte Green Environmental Industries Limited and another (A.P.) (Petitioner) (lodged 24th September)—The petition of John Michael Moynihan praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged.
37.Henderson (Petitioner) v. Wakefield Shirt Company Limited (Respondents)—The petition of Pauline Henderson praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
38.National Westminster Bank Plc. (Respondents) v. Beaton and another (Petitioner)—The petition of Jacqueline Leslie Hazel Susan Rumsey Beaton praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
39.Regina v. Secretary of State for the Environment (Respondent) ex parte Council of the London Borough of Camden (Petitioners)—The petition of the Council of the London Borough of Camden praying for leave to cross-appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

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40.Joakim and another (A.P.) (Administrators of the Estate of George Joakim, Deceased) (Petitioners) v. Commissioner of Police for the Metropolis and others (Respondents)—The petition of Eraclis Joakim and Niki Joakim (Administrators of the Estate of George Joakim, Deceased) praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. The petitioners’ legal aid certificates were lodged.
41.Regina v. Arnold (Petitioner) (lodged 11th August)—The petition of Lyndon Ewart Arnold praying for leave to appeal in accordance with the Criminal Appeal Act 1968, was presented and referred to an Appeal Committee.
42.In re McMahon (Respondent) (application for a writ of Habeas Corpus)—The petition of the Governor of Her Majesty’s Prison Haverigg praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.
43.Director of Public Prosecutions (Respondent) v. Heywood (Petitioner) (lodged 22nd September)—The petition of Cathryn Helen Heywood praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.
44.Stanley (Petitioner) v. Director of Public Prosecutions (Respondent)—The petition of Noah Stanley praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Administration of Justice Act 1960, was presented and referred to an Appeal Committee.
45.Director of Public Prosecutions (Respondent) v. Jones and another (Petitioners)—The petition of Margaret Jones and Richard Lloyd praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Administration of Justice Act 1960, was presented and referred to an Appeal Committee.
46.Empress Car Company (Abertillery) Limited (Appellants) v. National Rivers Authority (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee.
47.Commissioners of Customs and Excise (Respondents) v. Thorn Materials Supply Limited and Thorn Resources Limited (Appellants)—The statement having been lodged on 5th August the cause was set down for hearing and referred to an Appellate Committee.
48.Fletcher and others (Appellants) v. Midland Bank plc (Respondents)—The statement having been lodged on 6th August the cause was set down for hearing and referred to an Appellate Committee.
49.Stern (Respondent) v. Piper and others (Appellants)—The statement having been lodged on 13th August the cause was set down for hearing and referred to an Appellate Committee.
50.Beaufort Developments (NI) Limited (Appellants) v. Gilbert-Ash NI Limited and others (Respondents) (Northern Ireland)—The appeal was set down for hearing and referred to an Appellate Committee.
51.Jameson and another (Respondents) v. Central Electricity Generating Board (Appellants) and others—The petition of appeal having been dismissed in accordance with Standing Order V, the petition of the appellants was presented praying that the appeal be restored and that the period of time for lodging their security for costs might be extended until the determination of this petition (the agents for the respondents consenting thereto) and was referred to an Appeal Committee.
52.Retail Parks Investments Limited (Respondents) v. Royal Bank of Scotland plc (Appellants) (Scotland)—The petition of the appellants praying that the appeal be withdrawn on the terms agreed between the parties and that there be no order as to costs (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
53.Fuji Finance Inc. (Appellants) v. Aetna Life Insurance Company Limited and others (Respondents)—The petition of the Secretary of State for Trade and Industry was presented praying that he might be heard or otherwise intervene in the appeal (the agents for the appellants consenting thereto, the agents for the respondents neither consenting nor opposing thereto) and was referred to an Appeal Committee.
54.City Council of Bristol (Appellants) v. Lovell (A.P.) (Respondent)—The petition of the appellants (lodged 5th August) praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 2nd September next or to the third sitting day after the next ensuing meeting of the House (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
55.Grovit (Appellant) and others v. Doctor and others (Respondents)—The petition of the appellant praying that the determination by the Clerk of the Parliaments of the respondents’ costs might be reviewed, was presented and referred to an Appeal Committee.

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56.Lowsley and another (A.P.) (Respondents) v. Forbes (trading as L E Design Services) (A.P.) (Appellant)—The second respondent’s legal aid certificate was lodged.
57.Thurston (A.P.) (Respondent) v. Coates Allbutt Edmondson & Taylor (Petitioners)—The respondent’s legal aid certificate was lodged.
58.Longden (Respondent) v. British Coal Corporation (Appellants)—The cause was in part heard and adjourned till tomorrow.

The House was adjourned at four o’clock
till tomorrow, half-past ten o’clock.