House of Lords Journal 234 (Session 2000-01)

Previous Next Tuesday 15 May 2001 The following Lords of Appeal were present: Bingham of Cornhill, L. Clyde, L. Hobhouse of Woodborough, L. Nicholls of Birkenhead, L. Scott of Foscote, L. 1. Hearing and determination of appeals—Parliament having been dissolved by Her Majesty by Proclamation under the Great Seal dated in the afternoon of 14th May 2001, the Lord Speaker (Lord Bingham of Cornhill) acquainted their Lordships that Her Majesty had issued a Writing (pursuant to section 9 of the Appellate Jurisdiction Act 1876) authorising the Lords of Appeal to hear and determine appeals during the dissolution of Parliament and for that purpose to sit in the House of Lords; and to act in all matters in relation thereto as if such sittings were a continuation of the sittings of the House of Lords and, in the name of the House of Lords, to exercise the jurisdiction of the House of Lords accordingly (see Appendix), which Writing was read. 2. Appeal Committee—A Committee was appointed, which shall include all Lords qualified under the provisions of the Appellate Jurisdiction Act 1876, to hear such petitions as shall be referred to it during the dissolution of Parliament. 3. Appellate Committee—A Committee was appointed, which shall include all Lords qualified under the provisions of the Appellate Jurisdiction Act 1876, to hear such appeals as shall be referred to it during the dissolution of Parliament. 4. M (a child by her father and litigation friend S B) (AP) (Appellant) v. Secretary of State for Social Security (Respondent)—Upon report from the Appellate Committee of the late Parliament, it was ordered, pursuant to section 39 of the Children and Young Persons Act 1933, that no newspaper report or programme service of the proceedings in this House shall reveal the name, address, or include any particulars calculated to lead to the identification of the minor concerned in this appeal and that no picture shall be published in any newspaper or included in any programme service as being or including the said minor. 5. Kuwait Airways Corporation (Appellants) v. Iraqi Airways Company (Respondents) and others (England)—The appeal of Kuwait Airways Corporation was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 26th June next. 6. Jones (Petitioner) v. Post Office (Respondents)—The petition of Stephen Clive Jones praying for leave to appeal was presented and referred to the Appeal Committee (lodged 11th May). 7. Invervale Limited (Appellants) v. Wimpey Homes Holdings Limited (Respondents) (Scotland)—The petition of the appellants was presented praying that the appeal be withdrawn on the terms agreed between the parties and that the appellants do pay the respondents costs, such costs to be certified by the Clerk of the Parliaments if not agreed between the parties (the agents for the respondents consenting thereto); and it was ordered as prayed. 8. Drew-Morgan (Respondent) v. Hamid-Zadeh (AP) (Petitioner)—The petitioner’s legal aid certificate was lodged. 9. Appeal Committee—The following Order was made pursuant to the 11th Report, Session 1999-2000: Drew-Morgan (Respondent) v. Hamid-Zadeh (AP) (Petitioner)—That the costs of the petitioner be taxed in accordance with the Legal Aid Act 1988. 10. Appeal Committee—The following Orders were made pursuant to the 41st Report of an Appeal Committee appointed by the late Parliament: Medcalf (Respondent) and others v. Weatherill and another (Petitioners)—That leave to appeal be given, and that the petition of appeal be lodged by 29th May. Cook (Her Majesty’s Inspector of Taxes) (Respondent) v. Billings SJ (Petitioner)—That the petition be referred for hearing. Cook (Her Majesty’s Inspector of Taxes) (Respondent) v. Billings CJ (Petitioner)—That the petition be referred for hearing. Cook (Her Majesty’s Inspector of Taxes) (Respondent) v. Billings AJ (Petitioner)—That the petition be referred for hearing. Page 377 2000-01 Volume 234       Cook (Her Majesty’s Inspector of Taxes) (Respondent) v. Jeffries (Petitioner)—That the petition be referred for hearing. Cook (Her Majesty’s Inspector of Taxes) (Respondent) v. Billings RJ (Petitioner)—That the petition be referred for hearing. Cook (Her Majesty’s Inspector of Taxes) (Respondent) v. Clifford (Petitioner)—That the petition be referred for hearing. Cook (Her Majesty’s Inspector of Taxes) (Respondent) v. Cawood (Petitioner)—That the petition be referred for hearing. 11. Appeal Committee—The First Report from the Appeal Committee was agreed to and the following Orders were made— Reilly Concrete Pumping Limited (Petitioners) v. Director of Public Prosecutions (Respondent)—That leave to appeal be refused. Watson (Respondent) v. British Boxing Board of Control Limited (Petitioners) and others—That the respondent be invited to lodge objections by 29th May. Rocky Mountain Traders Limited (Petitioners) v. Fellowes Manufacturing (UK) Limited (Respondents) and one other action—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties. Ketley (Petitioner) v. Gilbert (Respondent)—That leave to appeal be refused; that the respondent be at liberty to apply for her costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties. Resource Underwriting Limited (Petitioners) v. McHugh and another (Respondents) (Northern Ireland)—That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d) and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties. Ace Insurance SA-NV (formerly Cigna Insurance Company of Europe SA-NV) (Petitioners) v. Zurich Insurance Company and others (Respondents)—That the respondents be invited to lodge objections by 29th May. Cave (Respondent) v. Robinson Jarvis & Rolf (a firm) (Petitioners)—That the respondent be invited to lodge objections by 29th May. 12. Barclays Bank plc (Respondents) v. Harris (FC) (executor of Beryl Iris Harris (deceased)) (Appellant))— 13. Loftus and others (Respondents) v. Etridge (AP) (Appellant) and another— 14. Midland Bank plc (Respondents) v. Wallace and another (AP) (Appellant)— 15. Royal Bank of Scotland (Respondents) v. Etridge (AP) (Appellant)— 16. National Westminster Bank plc (Respondents) v. Gill and another (AP) (Appellant)— 17. UCB Home Loans Corporation Limited (Respondents) v. Moore and another (AP) (Appellant)— (Conjoined Appeals)— 18. Governor and Company of the Bank of Scotland (Respondents) v. Bennett and another (AP) (Appellant)— 19. Kenyon Brown (Respondent) v. Desmond Banks & Co (Appellants)— 20. Barclays Bank plc (Respondents) v. Coleman and another (FC) (Appellant)— The cause was further heard. Their Lordships adjourned at four o’clock till tomorrow, half past ten o’clock. APPENDIX Right trusty and well beloved Counsellors We greet you well Whereas by reason of the dissolution of Our late Parliament it has appeared to Us to be expedient, with a view to prevent delay in the administration of justice, to provide for the hearing and determination of appeals depending before Us in Our Court of Parliament during such dissolution Now, We do hereby, in pursuance of the Appellate Jurisdiction Act, 1876, authorise you, Our Lords of Appeal, as therein designated, in the name of the House of Lords, to hear and determine such appeals during such dissolution, and for that purpose to sit in the House of Lords during such dissolution at such times as you may think expedient Given at Our Court at St James’s the 14th day of May in the fiftieth year of Our Reign BY HER MAJESTY’S COMMAND