House of Lords Journal 236 (Session 2002-03)


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Thursday 2 October 2003

The House met at half-past ten o’clock.

The following Lords Spiritual and Temporal were present:


Millet, L.
Newcastle, Bp.
Nicholls of Birkenhead, L.
Scott of Foscote, L.
Slynn of Hadley, L.
Walker of Gestingthorpe, L.

PRAYERS were read by the Lord Bishop of Newcastle.

Judicial Business

1.Regina v. Immigration Officer at Prague Airport and another (Respondents) ex parte European Roma Rights Centre and others (Appellants) (England)—The appeal of the European Roma Rights Centre, HM, RG, MZ, AK, IB and AKu was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 13th November next (lodged 8th August).
2.South Bucks District Council and another (Respondents) v. Porter (FC) (Appellant) (England)—The appeal of Linda Porter was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 13th November next (lodged 13th August).
3.Adams (Respondent) v. Bracknell Forest Borough Council (Appellants) (England)—The appeal of Bracknell Forest Borough Council was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 13th November next (lodged 14th August).
4.In re B (FC) (Appellant) (2002) (England)—The appeal of B was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 13th November next (lodged 8th September).
5.Her Majesty’s Commissioners of Inland Revenue (Appellants) v. Scottish Provident Institution (Respondents) (Scotland)—The appeal of Her Majesty’s Commissioners of Inland Revenue was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 13th November next.
6.Regina v. Walls (Respondent) (On Appeal from the Court of Appeal (Criminal Division))—The appeal of the Crown Prosecution Service was presented and ordered to be prosecuted subject to the procedures applicable thereto (lodged 5th August).
7.Attorney General’s Reference No. 5 of 2002 (On Appeal from the Court of Appeal (Criminal Division))—The point of law referred to the Court of Appeal (Criminal Division) by the Attorney General was laid before the House pursuant to section 36 (3) of the Criminal Justice Act 1972 and was referred to an Appellate Committee (lodged 1st August).
8.Moy v. Pettman Smith (a firm) (Original Respondents and Cross-petitioners) and another (Original Appellant and Cross-respondent)—The petition of Pettman Smith praying for leave to present a petition of cross-appeal notwithstanding that the time limited by Standing Order VII has expired was presented and referred to an Appeal Committee.
9.Chaudhary (Petitioner) v. Specialist Training Authority of the Medical Royal Colleges and others (Respondents)—The petition of Rajendra Chaudhary praying for leave to appeal was presented and referred to an Appeal Committee (lodged 13th June).
10.Regina v. Ashworth Hospital Authority (now Mersey Care National Health Service Trust) (Petitioners) ex parte Munjaz (Respondent)—The petition of Mersey Care National Health Service Trust praying for leave to appeal was presented and referred to an Appeal Committee (lodged 6th August).

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11.Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Hooper (FC) (Petitioner) and others—The petition of Thomas John Hooper praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 7th August).
12.Wrexham County Borough Council (Respondents) v. National Assembly for Wales (Respondents) and others (FC) (Petitioners)—The petition of Michael Berry and Florence Berry praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners’ certificates of public funding were lodged (lodged 8th August).
13.Regina v. London Borough of Lambeth (Petitioners) ex parte Mani (FC) (Respondent)—The petition of the Mayor and Burgesses of the London Borough of Lambeth praying for leave to appeal was presented and referred to an Appeal Committee. The respondent’s certificate of public funding was lodged (lodged 8th August).
14.Okta Crude Oil Refinery AD (Petitioners) v. Mamidoil-Jetoil Greek Petroleum Company SA (Respondents) and others and one other action—The petition of Okta Crude Oil Refinery AD praying for leave to appeal was presented and referred to an Appeal Committee (lodged 14th August).
15.Agco Limited (Respondents) v. Massey Ferguson Works Pension Trust Limited (Respondents) and others (Petitioners)—The petition of Ronald Vincent Bradbury and Alan Samuel Chater praying for leave to appeal was presented and referred to an Appeal Committee (lodged 15th August).
16.Synthon BV (Petitioners) v. Smithkline Beecham plc (Respondents)—The petition of Synthon BV praying for leave to appeal was presented and referred to an Appeal Committee (lodged 15th August).
17.Regina v. Secretary of State for the Home Department (Respondent) ex parte Khadir (FC) (Petitioner)—The petition of Nori Khadir praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 18th August).
18.Celltech Chiroscience Limited (Petitioners) v. Medimmune Inc (Respondents)—The petition of Celltech Chiroscience Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 18th August).
19.Bown (Petitioner) v. Secretary of State for Transport (Respondent)—The petition of Anthony Bown praying for leave to appeal was presented and referred to an Appeal Committee (lodged 18th August).
20.Attorney General of the Federal Republic of Nigeria and others (Respondents) v. Australia and New Zealand Banking Group Limited and others (Petitioners) and one other action—The petition of Maryam Abacha and Mohammed Sani Abacha (as the personal representatives of General Sani Abacha (deceased)), Mecosta Securities Inc, Abubakar Bagudu, Mohammed Sani Abacha and Standard Alliance Corporation praying for leave to appeal was presented and referred to an Appeal Committee (lodged 19th August).
21.O’Brien (Respondent) v. Chief Constable of South Wales Police (Petitioner)—The petition of the Chief Constable of South Wales Police praying for leave to appeal was presented and referred to an Appeal Committee (lodged 20th August).
22.Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Hooper and others (FC) (Petitioners)—The petition of Leslie William Withey, Frank Naylor and Andrew Walker Martin praying for leave to appeal was presented and referred to an Appeal Committee. The petitioners’ certificates of public funding were lodged (lodged 21st August).
23.Light and others (Petitioners) v. Ty Europe Limited (Respondents)—The petition of Stuart Light, Alun Rhys Jones, Phillip James Reid, Raymond Wiggin, Bryn Williamson, John Martin Appleson, Jenny Clipstone, Sharon Bilsby-Vint and Stuart James Kempster praying for leave to appeal was presented and referred to an Appeal Committee (lodged 21st August).
24.Gwembe Valley Development Company Limited (in receivership) (Petitioners) v. Koshy and others (Respondents)—The petition of Gwembe Valley Development Company Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 21st August).
25.Ward (Respondent) v. Commissioner of Police for the Metropolis and others (Petitioners)—The petition of the Epsom and St Helier NHS Trust praying for leave to appeal was presented and referred to an Appeal Committee (lodged 21st August).
26.Yarm Road Limited and others (Respondents) v. Hewden Tower Cranes Limited (Petitioners)—The petition of Hewden Tower Cranes Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 23rd August).

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27.Gwembe Valley Development Company Limited (in receivership) (Respondents) v. Koshy (Petitioner) and others—The petition of Thomas Koshy praying for leave to appeal was presented and referred to an Appeal Committee (lodged 27th August).
28.Jewson Limited (Respondents) v. Boyhan (as personal representative of the estate of Thomas Michael Kelly (deceased)) (Petitioner)—The petition of Leanne Boyhan praying for leave to appeal was presented and referred to an Appeal Committee (lodged 27th August).
29.Inter Lotto (UK) Limited (Respondents) v. Camelot Group plc (Petitioners)—The petition of Camelot Group plc praying for leave to appeal was presented and referred to an Appeal Committee (lodged 27th August).
30.Manchester City Council (Petitioners) v. Lee (Respondent)—The petition of the Council of the City of Manchester praying for leave to appeal was presented and referred to an Appeal Committee (lodged 8th September).
31.Regina v. Parole Board (Respondents) ex parte Smith (FC) (Petitioner)—The petition of Trevor Smith praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 9th September).
32.AE (FC) and another (Petitioners) v. Secretary of State for the Home Department (Respondent)—The petition of AE and FE praying for leave to appeal was presented and referred to an Appeal Committee. The first petitioner’s certificate of public funding was lodged (lodged 22nd September).
33.In re Parsons (AP) (Petitioner) (Northern Ireland)—The petition of Mark William John Parsons praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s legal aid certificate was lodged (lodged 14th August).
34.In re Togyer (Petitioner) (application for a writ of Habeas Corpus)—The petition of Stefan Togyer praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee (lodged 1st August).
35.In re Brown and another (Petitioners) (application for a writ of Habeas Corpus)—The petition of Leslie Brown and Robert Bruce Wright praying for leave to appeal in accordance with the Administration of Justice Act 1960 was presented and referred to an Appeal Committee.
36.Regina v. Soneji and another (Respondents)—The petition of Her Majesty’s Commissioners of Customs and Excise praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 12th August).
37.Regina v. Wilkes (Petitioner)—The petition of Gary John Wilkes praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 27th August).
38.Regina v. Mushtaq (Petitioner)—The petition of Ashfaq Ahmed Mushtaq praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee.
39.Burton (Her Majesty’s Collector of Taxes) (Respondent) v. Mellham Limited (Petitioners)—The petition of Mellham 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.
40.Quintavalle (on behalf of Comment on Reproductive Ethics) (Petitioner) v. Human Fertilisation and Embryology Authority (Respondents)—The petition of Josephine Quintavalle praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
41.Regina v. Parole Board (Respondents) ex parte West (FC) (Petitioner)—The petition of Justin West 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 certificate of public funding was lodged.
42.Scottish & Newcastle plc (Respondents) v. Raguz (Petitioner)—The petition of Zeljko Stephen Raguz praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
43.Lesotho Highlands Development Authority (Respondents) v. Impregilo SpA and others (Petitioners)—The petition of Impregilo SpA, Hochtief AG, Bouygues SA, Kier International Limited, Stirling International Civil Engineering Limited, Concor Holdings (Pty) Limited and Group Five Construction (Pty) 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.

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44.Feasey (a representative Lloyds underwriter suing on his own behalf and on behalf of all the members of Syndicate 957) (Respondent) v. Sun Life Assurance Company of Canada (Petitioners) and others and one other action—The petition of Sun Life Assurance Company of Canada praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
45.Compagnie Noga d’Importation et d’Exportation SA (Petitioners) v. Australia and New Zealand Banking Group Limited and others (Respondents) and one other action—The petition of Compagnie Noga d’Importation et d’Exportation SA praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.
46.Regina v. Secretary of State for the Home Department and another (Respondents) ex parte IH (FC) (Appellant)—The petition of C praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.
47.Regina v. Special Adjudicator (Respondent) ex parte Ullah (FC) (Appellant)—The petition of the National Council for Civil Liberties and the Joint Council for the Welfare of Immigrants praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.
48.Regina v. Her Majesty’s Coroner for the Western District of Somerset (Respondent) and another (Appellant) ex parte Middleton (FC) (Respondent)—The petition of the Northern Ireland Human Rights Commission praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.
49.Jackson and another (Original Appellants and Cross-respondents) v. Royal Bank of Scotland (Original Respondents and Cross-appellants)—The appeal was set down for hearing and referred to an Appellate Committee (lodged 4th August).
50.Regina v. Secretary of State for the Home Department (Respondent) ex parte Greenfield (FC) (Appellant)—The appeal was set down for hearing and referred to an Appellate Committee.
51.Regina v. Randall (Respondent) (On Appeal from the Court of Appeal (Criminal Division))—The appeal was set down for hearing and referred to an Appellate Committee.
52.J I MacWilliam Company Inc (Respondents) v. Mediterranean Shipping Company SA (Appellants)—The appeal was set down for hearing and referred to an Appellate Committee.
53.Jerome (Appellant) v. Kelly (Her Majesty’s Inspector of Taxes) (Respondent)—The appeal was set down for hearing and referred to an Appellate Committee.
54.In re I (FC) (Respondent) (application for a writ of Habeas Corpus)—The appeal was set down for hearing and referred to an Appellate Committee.
55.Chester (Respondent) v. Afshar (Appellant)—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 9th October (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed (lodged 20th August).
56.Campbell (Appellant) v. MGN Limited (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 13th November next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
57.Davidson (AP) (Respondent) v. Scottish Ministers (Appellants) (Scotland)—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 23rd October (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
58.Sirius International Insurance Company (Publ) (Appellants) v. FAI General Insurance 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 30th October (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
59.Gorringe (by her litigation friend June Elizabeth Todd) (FC) (Appellant) v. Calderdale Metropolitan Borough Council (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 16th October (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
60.Cream Holdings Limited and others (Respondents) v. Banerjee and others (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 13th November next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

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61.Glasgow City Council (Respondents) v. Caststop Limited (Appellants) (Scotland)—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 13th November next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
62.Hinchy (Respondent) v. Secretary of State for Work and Pensions (Appellant)—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 13th November next (the agents for the respondent consenting thereto) was presented; and it was ordered as prayed.
63.Moy v. Pettman Smith (a firm) (Respondents) and another (Appellant)—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 two weeks after the determination of the respondents’ petition for leave to present a petition of cross-appeal notwithstanding that the time limited by Standing Order VII has expired (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
64.Beynon and Partners (Respondents) v. Her Majesty’s Commissioners of Customs and Excise (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 13th November next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
65.Sheldrake (Respondent) v. Director of Public Prosecutions (Appellant) (Criminal Appeal from Her Majesty’s High Court of Justice)—
66.Attorney General’s Reference No. 4 of 2002 (On Appeal from the Court of Appeal (Criminal Division))—

The petition of the Director of Public Prosecutions and of the Acquitted Person praying that the appeal and the reference be conjoined; that they be allowed to lodge separate statements, one appendix and separate cases and that they be separately represented in respect of the two causes (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.

67.Adams (Respondent) v. Bracknell Forest Borough Council (Appellants)—It was ordered that the appellants be allowed to prosecute the appeal without giving the usual security for costs as required by Standing Order.
68.Ghaidan (Appellant) v. Godin-Mendoza (Respondent)— The First Secretary of State was joined to the appeal on behalf of the Crown in accordance with section 5 of the Human Rights Act 1998.
69.Venables and others (Appellants) v. Hornby (Her Majesty’s Inspector of Taxes) (Respondent)—The cause was fully heard and consideration was adjourned sine die.

The House was adjourned at ten minutes past four o’clock
to Monday next, half-past two o’clock.