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Session 1999-2000
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Minutes and Order Paper - Minutes of Proceedings


 

HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Jovis 18° Maii 2000

The House met at two o’clock.

PRAYERS were read by the Lord Bishop of Bristol.

Judicial Business

1. Foskett (suing on his own behalf and on behalf of all other purchasers of plots of land at Mount Eden, Herradodo Cerro Alto Diogo, Martins, Algarve, Portugal) (Original Appellant and Cross-respondent) v. McKeown (Original Respondent) and others (A.P.) (Original Respondents and Cross-appellants)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the appeal be allowed and that the cross-appeal be dismissed; that the Order of the Court of Appeal of 21st May 1997 and the Order of Mr Justice Laddie of 12th July 1996, save for paragraph 1, be set aside; that it be declared that: “The plaintiffs are entitled to share in the fund in accordance with the proportion of the premiums paid out of their money.”; that the cause be remitted to the Chancery Division to do as is just and consistent with the Opinions expressed in this House; that there be no order as to costs before Mr Justice Laddie; and that the costs of the appellant in the Court of Appeal and before this House be paid out of the Legal Aid Fund in accordance with Section 18 of the Legal Aid Act 1988, such order to be suspended for four weeks to allow the Legal Aid Board to object if they wish; and that the costs of the respondents in this House be taxed in accordance with the Legal Aid Act 1988.

2. Jolley (A.P.) (Appellant) v. London Borough of Sutton (Respondents)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 19th June 1998 be set aside save for legal aid taxation and that the Order of Mr Recorder Geoffrey Brice QC (sitting as a Deputy Judge of the Queen’s Bench Division) of 14th May 1997 be restored; that the cause be remitted back to the Court of Appeal in order to enable that Court to consider what course it should adopt on any application in regard to the determination of any issue relating to quantum of damages; that the respondents do pay to the appellant his costs in the Court of Appeal and before this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the appellant in this House be taxed in accordance with the Legal Aid Act 1988.

3. Steed (Respondent) v. Home Office (Appellants)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 1st May 1998 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.

4. Garner (Her Majesty’s Inspector of Taxes) (Respondent) v. Pounds Shipowners and Shipbreakers Limited (Appellants) and one other action—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 25th November 1998 be affirmed and the appeal dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.

5. Three Rivers District Council and others (Original Appellants and Cross-respondents) v. Governor and Company of the Bank of England (Original Respondents and Cross-appellants)—The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the appeal be dismissed in so far only as it relates to European Community law; and that, having regard to the correct test for the tort of misfeasance in public office as set out in the Opinions expressed in this House, the appeal and cross-appeal be referred back to the Appellate Committee for further argument; and that the question of costs be adjourned sine die.

6. Hallam and another (Appellants) v. Cheltenham Borough Council and others (Respondents) (England)—The appeal of Lisa Cheri Marie Hallam and Deborah Lillian Smith was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29th June next (lodged 17th May).

7. Regina v. Secretary of State for Trade and Industry (Respondent) ex parte Eastaway (Petitioner)—The petition of Nigel Anthony Eastaway praying for leave to appeal was presented and referred to an Appeal Committee (lodged 12th April).

8. Regina v. London Borough of Greenwich (Petitioners) ex parte Glen International Limited and another (Respondents)—The petition of the London Borough of Greenwich praying for leave to appeal was presented and referred to an Appeal Committee (lodged 14th April).

9. Skerritts of Nottingham Limited (Petitioners) v. Secretary of State for the Environment, Transport and the Regions and others (Respondents)—The petition of Skerritts of Nottingham Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 19th April).

10. Schofield (widow and administratrix of the estate of Keith Edward Schofield (deceased)) (Petitioner) v. Saunders & Taylor Limited (Respondents)—The petition of Mavis Schofield praying for leave to appeal was presented and referred to an Appeal Committee (lodged 19th April).

11. Hall and others (Petitioners) v. Governor and Company of the Bank of England (Respondents)—The petition of Harry Hall, John Sidney Hall, Richard Delaney Hall and Dorothy Hilda Mann praying for leave to appeal was presented and referred to an Appeal Committee.

12. John and others (Petitioners) v. Express Newspapers (a private unlimited company) and others (Respondents)—The petition of Sir Elton Hercules John, Happenstance Limited, William A Bong Limited, J Bondi Limited and Eversheds praying for leave to appeal was presented and referred to an Appeal Committee.

13. In re Williamson (Petitioner) (Northern Ireland)—The petition of Michelle Williamson praying for leave to appeal was presented and referred to an Appeal Committee (lodged 8th May).

14. Chief Adjudication Officer (Respondent) v. Stafford and another (Petitioner)—The petition of Daniel John Banks praying for leave to present an appeal notwithstanding that the time limited by Standing Order I has expired was presented and referred to an Appeal Committee.

15. National Westminster Bank plc (Respondents) v. Story (Petitioner) and another—The petition of Anthony John Story praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

16. Kuwait Airways Corporation (Appellants) v. Iraqi Airways Company (Body Corporate) and others (Respondents)—The petition of the appellants praying that the Order of the House of 24th July 1995 might be varied, was presented and referred to an Appeal Committee.

17. Regina v. Churchill and others (Appellants) (On Appeal from the Court of Appeal (Criminal Division))—The appeal was set down for hearing and referred to an Appellate Committee.

18. Caledonia North Sea Limited (Respondents) v. British Telecommunications plc (Appellants) (Scotland)—

19. Caledonia North Sea Limited (Respondents) v. Kelvin International Services Limited (formerly Kelvin Catering Limited) (Appellants) (Scotland)—

20. Caledonia North Sea Limited (Respondents) v. London Bridge Engineering Limited (Appellants) (Scotland)—

21. Caledonia North Sea Limited (Respondents) v. Norton (No.2) Limited (in liquidation) (Appellants) (Scotland)—

22. Caledonia North Sea Limited (Respondents) v. Pickup No.7 Limited (formerly Northern Industrial & Marine Services Company Limited) (Appellants) (Scotland)—

23. Caledonia North Sea Limited (Respondents) v. Stena Offshore Limited (Appellants) (Scotland)—

24. Caledonia North Sea Limited (Respondents) v. Wood Group Engineering Contractors Limited (Appellants) (Scotland)—

    (Consolidated Appeals)—

    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 26th June next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 15th May).

The House was adjourned during pleasure.

The House was resumed.

Papers

25. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:

    1. Select Committees—Government Response to the First Report of the House of Commons Liaison Committee on Shifting the Balance: Select Committees and the Executive.      (4737)

    2. Education—Minute to Parliament on a proposal by the Department of Education to create an extra-statutory liability.

26. Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:

    Draft Horticultural Development Council (Amendment) Order 2000.

27. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:

    1. (i)      GLA Side Roads (London Borough of Hillingdon) Designation Order—      (1293)

      (ii) GLA Side Roads (London Borough of Haringey) Designation Order—      (1291)

      (iii) GLA Side Roads (London Borough of Enfield ) Designation Order—      (1287)

      (iv) GLA Side Roads (London Borough of Havering) Designation Order—      (1292)

      (v) GLA Side Roads (London Borough of Greenwich) Designation Order—      (1288)

      (vi) GLA Side Roads (London Borough of Hammersmith) Designation Order—      (1290)

      (vii) GLA Side Roads (London Borough of Ealing) Designation Order—      (1286)

      (viii) GLA Side Roads (London Borough of Hackney) Designation Order—      (1289)

    laid under the Road Traffic Regulation Act 1984;

    2. (i)      Local Government (General Grant) Order (Northern Ireland) 2000—      (—)

      (ii) Land Registry (Fees) Order (Northern Ireland) 2000—      (—)

      (iii) Census Order (Northern Ireland) 2000—      (—)

    laid under the Northern Ireland Act 2000;

    3. (i)      Merchant Shipping (Load Line) (Amendment) Regulations 2000—      (1335)

      (ii) Merchant Shipping (Survey and Certification) (Amendment) Regulations 2000—      (1334)

    laid under the Merchant Shipping Act 1995.

28. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:

    1. Report and Accounts for 1998-99 of the Parades Commission for Northern Ireland, together with the report of the Comptroller and Auditor General, laid under the Public Processions (Northern Ireland) Act 1998;

    2. Report and Financial Statements for 1999 of the Radio Authority, laid under the Broadcasting Act 1990.

Select Committee Report

29. Science and Technology—It was ordered that the evidence taken by Sub-Committee I (Complementary and Alternative Medicine) on 21st March be printed. (HL Paper 48-vii)

Public Business

30. Psychotherapy Bill [HL]—A bill to establish a body to be known as the General Psychotherapy Council; to provide for the regulation of the profession of psychotherapy, including making provision as to the registration of psychotherapists and as to their professional education and conduct; to make provision in connection with the development and promotion of the profession; and for connected purposes was presented by the Lord Alderdice, read a first time and ordered to be printed. (HL Bill 68)

31. Divorce (Religious Marriages) Bill [HL]—A bill to make provision enabling a court to require the dissolution of a religious marriage before granting a civil divorce was presented by the Lord Lester of Herne Hill, read a first time and ordered to be printed. (HL Bill 69)

32. Financial Services and Markets Bill—The bill was read a third time; amendments were moved and (by leave of the House) withdrawn; amendments were disagreed to (see division lists 1 and 2); amendments were agreed to; an amendment was agreed to (see division list 3); then, after debate, the bill was passed and returned to the Commons with amendments.

33. Export of Works of Art—The Lord Freyberg asked Her Majesty’s Government what is their response to the Forty-fifth Report of the Reviewing Committee on the Export of Works of Art; after debate, the question was answered by the Baroness Ramsay of Cartvale.

The House was adjourned at sixteen minutes past nine o’clock

to Monday next, half-past two o’clock.

MICHAEL DAVIES

Cler: Parliamentor:

 
 
 
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Prepared: 19 may 2000