House of Lords Journal 232 (Session 1998-99)


Previous Next

Monday 4 October 1999

The House met at eleven o’clock.

The following Lords Spiritual and Temporal were present:

Browne-Wilkinson, L.
Carlisle, Bp.
Clyde, L.
Cooke of Thorndon, L.
Hope of Craighead, L.
Steyn, L.

PRAYERS were read by the Lord Bishop of Carlisle.

1.National Westminster Bank plc (Respondents) v. Gill and Gill (A.P.) (Appellant) (England)—The appeal of Marie Irene Gill was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 15th November next (lodged 30th July).
2.Bettison and others (Respondents) v. Langton and others (Appellants) (England)—The appeal of Wilfred Larry Penter and Heather Mary Penter was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 15th November next (lodged 9th August).
3.Anderton (A.P.) (by her mother and next friend) (Appellant) v. Clwyd County Council (Respondents) (England)—The appeal of Rhiannon Anderton was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 15th November next (lodged 9th August).

Page 671

1998-99

Volume 232      

4.National Power plc (Appellants) v. Feldon and others (Respondents) (England)—The appeal of National Power plc was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 15th November next (lodged19th August).
5.National Grid Company plc (Appellants) v. Mayes and others (Respondents) (England)—The appeal of the National Grid Company plc was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 15th November next (lodged 25th August).
6.Royal Bank of Scotland (Respondents) v. Etridge (A.P.) (Appellant) (England)—The appeal of Susan Rosemary Etridge was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 15th November next (lodged 27th August).
7.Loftus and others (Respondents) v. Etridge (A.P.) (Appellant) and another (England)—The appeal of Susan Rosemary Etridge was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 15th November next (lodged 27th August).
8.Regina v. Airport Co-ordination Limited (Respondents) ex parte Aravco Limited and others (Petitioners)—The petition of Aravco Limited, Dravidian Air Services Limited, Falcon Jet Centre Limited, GAMA Aviation Limited, Heathrow Jet Charter Limited, Metro Business Aviation Limited and Siebe plc praying for leave to appeal was presented and referred to an Appeal Committee (lodged 23rd July).
9.FNCB Limited (formerly First National Bank plc) (Respondents) v. Barnet Devanney (Harrow) Limited (formerly Barnet Devanney & Co Limited) (Petitioners)—The petition of Barnet Devanney (Harrow) Limited praying for leave to appeal was presented and referred to an Appeal Committee) (lodged 30th July).
10.Regina v. Secretary of State for the Home Department (Petitioner) ex parte Adan (Respondent)—The petition of the Secretary of State for the Home Department praying for leave to appeal was presented and referred to an Appeal Committee (lodged 6th August).
11.Regina v. Secretary of State for the Home Department (Petitioner) ex parte Aitseguer (Respondent)—The petition of the Secretary of State for the Home Department praying for leave to appeal was presented and referred to an Appeal Committee (lodged 6th August).
12.Skandia Property (UK) Limited and others (Petitioners) v. Thames Water Utilities Limited (Respondents)—The petition of Vala Properties B.V. praying for leave to appeal was presented and referred to an Appeal Committee (lodged 6th August).
13.Cullin (Respondent) v. London Fire and Civil Defence Authority (Petitioners) and two other actions—The petition of the London Fire and Civil Defence Authority praying for leave to appeal was presented and referred to an Appeal Committee (lodged 6th August).
14.Brocklesby (Respondent) v. Armitage & Guest (a firm) (Petitioners)—The petition of Armitage & Guest praying for leave to appeal was presented and referred to an Appeal Committee (lodged 6th August).
15.Mallick (Petitioner) v. Liverpool City Council (Respondents)—The petition of Kashif Mallick praying for leave to appeal was presented and referred to an Appeal Committee (lodged 11th August).
16.Hirst (Petitioner) v. Etherington (Respondent) and another—The petition of Michael Hirst praying for leave to appeal was presented and referred to an Appeal Committee (lodged 11th August).
17.Official Receiver and Liquidator of Celtic Extraction Limited and another (Respondents) v. Environment Agency (Petitioners)—The petition of the Environment Agency praying for leave to appeal was presented and referred to an Appeal Committee (lodged 13th August).
18.Byrne (Respondent) v. Inntrepreneur Beer Supply Company Limited (formerly known as Courage Limited) (Petitioners)—The petition of the Inntrepreneur Beer Supply Company Limited (now known as TIBSCO) praying for leave to appeal was presented and referred to an Appeal Committee (lodged 13th August).
19.EMI Group Electronics Limited (formerly known as Thorn EMI Electronics Limited) (Petitioners) v. Coldicott (Her Majesty’s Inspector of Taxes) (Respondent)—The petition of EMI Group Electronics Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 13th August).
20.Schuldenfrei (Petitioner) v. Hilton (Her Majesty’s Inspector of Taxes) (Respondent)—The petition of Henry Schuldenfrei praying for leave to appeal was presented and referred to an Appeal Committee (lodged 13th August).

Page 672

1998-99

Volume 232

Back to top

21.Byrne (Petitioner) v. Inntrepreneur Beer Supply Company Limited (formerly known as Courage Limited) (Respondents)—The petition of Daniel Thomas Byrne praying for leave to appeal was presented and referred to an Appeal Committee (lodged 16th August).
22.Citibank International plc (Respondents) v. Kessler (Petitioner) and another—The petition of Sigurd Peter Thaddeus Kessler praying for leave to appeal was presented and referred to an Appeal Committee (lodged 16th August).
23.Michael Shanly Group Limited (Petitioners) v. Secretary of State for the Environment, Transport and the Regions and others (Respondents)—The petition of the Michael Shanly Group Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 18th August).
24.Governing Body of Clifton Middle School and others (Respondents) v. Askew (Petitioner)—The petition of Christopher Mark Askew praying for leave to appeal was presented and referred to an Appeal Committee (lodged 18th August).
25.Cowell and another (t/a The Stables) (Respondents) v. Williams (Petitioner)—The petition of Gwilym Williams praying for leave to appeal was presented and referred to an Appeal Committee (lodged 19th August).
26.ECM (Vehicle Delivery Service) Limited (Petitioners) v. Cox and others (Respondents)—The petition of ECM (Vehicle Delivery Service) Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 19th August).
27.In re Piper (Respondent)—The petition of the Director of Public Prosecutions and Sara Elizabeth Dayman praying for leave to appeal was presented and referred to an Appeal Committee (lodged 19th August).
28.Citoma Trading Limited (Petitioners) v. Federative Republic of Brazil (Respondents) and one other action—The petition of Citoma Trading Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 20th August).
29.In re G (A.P.) (a minor) (by his mother and next friend) (Respondent)—The petition of the London Borough of Bromley praying for leave to appeal was presented and referred to an Appeal Committee. The respondent’s legal aid certificate was lodged (lodged 20th August).
30.Regina v. Sheffield City Council (Respondents) ex parte Hague and another (A.P.) (Petitioner)—The petition of Meron Tesfayohannes praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged (lodged 23rd August).
31.Delaware Mansions Limited and others (Respondents) v. Lord Mayor and Citizens of the City of Westminster (Petitioners)—The petition of the Lord Mayor and Citizens of the City of Westminster praying for leave to appeal was presented and referred to an Appeal Committee (lodged 23rd August).
32.Palmer (Respondent) v. Maloney and others (Petitioners)—The petition of Shane Maloney and Shipleys (a firm) praying for leave to appeal was presented and referred to an Appeal Committee (lodged 25th August).
33.Brown (A.P.) and another (A.P.) (Petitioners) v. Bennett and others (Respondents)—The petition of Graham Brown and Edwina Brown praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners’ legal aid certificates were lodged (lodged 26th August).
34.O Palomo SA (Respondents) v. Turner & Co (a firm) (Petitioners)—The petition of Turner & Co praying for leave to appeal was presented and referred to an Appeal Committee (lodged 26th August).
35.Turner & Co (a firm) (Petitioners) v. O Palomo SA (Respondents)—The petition of Turner & Co praying for leave to appeal was presented and referred to an Appeal Committee (lodged 26th August).
36.North British Housing Association Limited (Respondents) v. Sheridan (A.P.) (Petitioner)—The petition of Edward Sheridan praying for leave to appeal was presented and referred to an Appeal Committee (lodged 26th August).
37.Regina v. London Borough of Hillingdon (Petitioners) ex parte London Regional Transport (Respondents) and J.C. Decaux UK Limited (Interested Party)—The petition of Hillingdon London Borough Council praying for leave to appeal was presented and referred to an Appeal Committee (lodged 26th August).
38.Danae Air Transport Societe Anonyme (Respondents) v. Air Canada (Petitioners)—The petition of Air Canada praying for leave to appeal was presented and referred to an Appeal Committee (lodged 1st September).

Page 673

1998-99

Volume 232

Back to top

39.Dunlop International AG (formerly Dunlop International Limited) (Petitioners) v. Pardoe (Her Majesty’s Inspector of Taxes) (Respondent)—The petition of Dunlop International AG praying for leave to appeal was presented and referred to an Appeal Committee (lodged 1st September).
40.Regina v. Mental Health Review Tribunal (Respondents) and others ex parte Hall (Petitioner)—The petition of Russell Hall praying for leave to appeal was presented and referred to an Appeal Committee (lodged 1st September).
41.Liverpool City Council (Petitioners) v. Rosemary Chavasse Limited and another (Respondents)—The petition of Liverpool City Council praying for leave to appeal was presented and referred to an Appeal Committee (lodged 16th September).
42.Jones (A.P.) (Petitioner) v. Chief Constable of Bedfordshire Police (Respondent)—The petition of Brian Anthony Jones praying for leave to appeal was presented and referred to an Appeal Committee (lodged 22nd September).
43.Glencore Grain Limited (Petitioners) v. Argos Trading Company Limited (Respondents) and one other action—The petition of Glencore Grain Limited praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
44.Sheriff (A.P.) (Petitioner) v. Klyne Tugs (Lowestoft) Limited (Respondents)—The petition of Abbanur Sheriff 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 petitioner’s legal aid certificate was lodged.
45.Lough Neagh Exploration Limited (Petitioners) v. Morrice and others (Respondents) (Northern Ireland)—The petition of Lough Neagh Exploration Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 30th July).
46.Cullen (Petitioner) v. Chief Constable of the Royal Ulster Constabulary (Respondent) (Northern Ireland)—The petition of James Bernard Cullen praying for leave to appeal was presented and referred to an Appeal Committee (lodged 6th September).
47.Islam and another (Petitioners) and another v. Director of Public Prosecutions (Respondent)—The petition of Kamrul Islam and Mohammed Hoque praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee (lodged 10th August).
48.Regina v. Manchester Crown Court ex parte D (Respondent)—The petition of the Director of Public Prosecutions praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.
49.Regina v. Manchester Crown Court ex parte H (Respondent)—The petition of the Director of Public Prosecutions praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.
50.In re Burke (Petitioner)—The petition of Robert Anthony Burke 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.
51.Regina v. Secretary of State for the Home Department (Petitioner) ex parte A (Respondent)—The petition of the Secretary of State for the Home Department praying for leave for an appeal to be brought direct from the High Court of Justice in accordance with Part II of the Administration of Justice Act 1969 was presented and referred to an Appeal Committee (lodged 5th August).
52.Hamilton (Respondent) v. Al Fayed (Appellant)—The petition of the Speaker and the Authorities of the House of Commons was presented praying that they might be heard or otherwise intervene in the said appeal (the agents for the appellants and the respondents consenting thereto), and was referred to an Appeal Committee (lodged 5th August).
53.Her Majesty’s Attorney General (Respondent) v. Blake (Appellant) and another—The appeal was set down for hearing and referred to an Appellate Committee (lodged 20th July).
54.Garner (Her Majesty’s Inspector of Taxes) (Respondent) v. Pounds Shipowners and Shipbreakers Limited (Appellants) and one other action—The appeal was set down for hearing and referred to an Appellate Committee.
55.Goodes (A.P.) (Respondent) v. East Sussex County Council (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee.
56.Hamilton (Respondent) v. Al Fayed (Appellant)—The appeal was set down for hearing.
57.Consorzio del Prosciutto di Parma (Appellants) v. ASDA Stores Limited and others (Respondents)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 17th August).

Page 674

1998-99

Volume 232

Back to top

58.Morgans (Appellant) v. Director of Public Prosecutions (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—The appeal was set down for hearing and referred to an Appellate Committee.
59.Wisely (A.P.) (Respondent) v. John Fulton Plumbers Limited (Appellants) (Scotland)—The appeal was set down for hearing and referred to an Appellate Committee. The respondents legal aid certificate was lodged.
60.Wadey (Respondent) v. Surrey County Council (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee.
61.Borealis AB (formerly Borealis Petrokemi AB and Statoil Petrokemi AB) (Respondents) v. Stargas Limited and others (Respondents) and Bergesen D.Y. A/S ‘Berge Sisar’ (Appellants)—
62.Borealis AB (formerly Borealis Petrokemi AB and Statoil Petrokemi AB) (Appellants) v. Stargas Limited and others (Respondents)—

The petition of the Saudi Arabian Oil Company praying that the appeals be consolidated, that the appellants be ordered to lodge one statement, case and appendix and be jointly represented in respect of the two appeals and that the respondents have leave to lodge one case (the agents for the appellants and Stargas Limited not consenting thereto) was presented and referred to an Appeal Committee.

63.British Broadcasting Corporation (Respondents) v. Kelly-Phillips (Appellant)—The petition of the appellant was presented praying that the appeal be withdrawn on the terms agreed between the parties (the agents for the respondents consenting thereto); and it was ordered as prayed.
64.Borealis AB (formerly Borealis Petrokemi AB and Statoil Petrokemi AB) (Respondents) v. Stargas Limited and others (Respondents) and Bergesen D.Y. A/S ‘Berge Sisar’ (Appellants)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 19th October next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 2nd September).
65.Borealis AB (formerly Borealis Petrokemi AB and Statoil Petrokemi AB) (Appellants) v. Stargas Limited and others (Respondents)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 19th October next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 2nd September).
66.Eastbourne Town Radio Cars Association (Appellants) v. Commissioners of Customs and Excise (Respondents)—The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 12th October next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
67.White (A.P.) (Appellant) v. White and the Motor Insurers Bureau (Respondents)—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 19th October next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
68.Miah and others (Respondents) v. Khan (A.P.) (Appellant) and one other action—The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 17th November next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
69.Eastbourne Town Radio Cars Association (Appellants) v. Commissioners of Customs and Excise (Respondents)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.
70.Millington (A.P.) (Respondent) v. Secretary of State for the Environment, Transport and the Regions (Respondent) and another—The respondents legal aid certificate was lodged.
71.Appeal Committee—The 62nd Report from the Appeal Committee was agreed to and the following Order was made—

Hamilton (Respondent) v. Al Fayed (Appellant)—That the petition of the Speaker and the Authorities of the House of Commons that they might be heard or otherwise intervene in the said appeal be allowed.

72.In re Gilligan (Appellant) (application for a writ of Habeas Corpus) (On appeal from a Divisional Court of the Queen’s Bench Division)—

Page 675

1998-99

Volume 232

Back to top

73.In re Ellis (Appellant) (application for a writ of Habeas Corpus) (On appeal from a Divisional Court of the Queen’s Bench Division)—

(Conjoined Appeals)—

The appeals were set down for hearing and 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.