House of Lords Journal 234 (Session 2000-01)


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Thursday 7 June 2001

The following Lords of Appeal were present:

Bingham of Cornhill, L.
Clyde, L.
Hutton, L.
Mackay of Clashfern,
L. Millett, L.
Nicholls of Birkenhead, L.
Scott of Foscote, L.
Slynn of Hadley, L.
Steyn, L.

1.Bybrook Barn Centre Limited and others (Respondents) v. Kent County Council (Petitioners)—The petition praying for leave to appeal was fully heard; it was ordered that the petition be refused; and that the petitioners do pay to the respondents the costs of the petition, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.
2.A E Beckett & Sons (Lyndons) Limited and others (Respondents) v. Midlands Electricity plc (Petitioners)—The petition praying for leave to appeal was fully heard; it was ordered that the petition be refused; and that the petitioners do pay to the respondents the costs of the petition, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.
3.Standard Chartered Bank (Respondents) v. Pakistan National Shipping Corporation (Petitioners) and others—
4.Standard Chartered Bank (Petitioners) v. Pakistan National Shipping Corporation and others and another (Respondent) and others—

The petitions praying for leave to appeal were fully heard; it was ordered that leave to appeal be given to the Pakistan National Shipping Corporation on the issues of contributory negligence and fault; that leave to appeal be given to the Standard Chartered Bank on the issue of the personal liability of Mr Mehra; and that the petitions of appeal be lodged by 21st June.

5.Appeal Committee—The following Orders were made pursuant to the 30th Report of an Appeal Committee appointed by the late Parliament:

Regina v. London Borough of Richmond (Petitioners) ex parte Watson (Respondent) and three other actions—That leave to appeal be given; and that the petition of appeal be lodged by 21st June.

Regina v. Warrington Crown Court ex parte RBNB (a company) (Respondents)—That leave to appeal be given; and that the petition of appeal be lodged by 21st June.

6.Appeal Committee—The following Order was made pursuant to the First Report:

Watson (Respondent) v. British Boxing Board of Control Limited (Petitioners) and others—That leave to appeal be given; and that the petition of appeal be lodged by 21st June.

7.Appeal Committee—The Fifth Report from the Appeal Committee was agreed to and the following Orders were made—

In re Al-Fawwaz (Petitioner) (application for a writ of Habeas Corpus)—That the respondents be invited to lodge objections by 21st June.

Kingsalton Limited (Petitioners) and others v. Thames Water Developments Limited and others (Respondents)—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.

Page 386

2000-01

Volume 234      

Scottish & Newcastle Retail Limited (Respondents) v. Williams (Valuation Officer) (Petitioner) 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.

Arnott (Petitioner) v. Sprake and another (Respondents)—That leave to appeal be refused.

Kelly and another (AP) (Petitioners) v. Law Society of Northern Ireland and others (Respondents) (Northern Ireland)—That leave to appeal be refused; that the costs of the second petitioner be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(c); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Regina v. A Special Commissioner and another (Respondents) ex parte Morgan Grenfell & Co Limited (Petitioners)—That the respondents be invited to lodge objections by 21st June.

Their Lordships adjourned during pleasure.
Their Lordships resumed in the Chamber.

8.Kuddus (AP) (Appellant) v. Chief Constable of Leicestershire Constabulary (Respondent)—It was moved by the Lord Slynn of Hadley, That the 37th Report from the Appellate Committee of the late Parliament be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 10th February 2000 and the Order of Mr Recorder Waine of 26th November 1998 be set aside save as to legal aid taxation; that the respondent do pay to the appellant his costs before Mr Recorder Waine, 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. [2001] UKHL 29
9.Commissioners of Customs and Excise (Respondents) v. Sinclair Collis Limited (Appellants)—It was moved by the Lord Slynn of Hadley, That the 38th Report from the Appellate Committee of the late Parliament be agreed to; the motion was agreed to. It was ordered that the following question be referred to the Court of Justice of the European Communities for a preliminary ruling under Article 234 of the Treaty establishing the European Community: “Is the grant, by the owner of premises (“the Siteholder”) to an owner of a cigarette vending machine, of the right to install, operate and maintain the machine in the premises for a period of two years, in a place nominated by the Siteholder, in return for a percentage of the gross profits of the sales of cigarettes and other tobacco goods in the premises, but with no other significant rights of possession or control than those set out in the written agreement between the parties, capable of amounting to the letting of immovable property with the meaning of Article 13B(b) of Council Directive No 77/388/EEC of 17th May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes; and what are the principles applicable in deciding whether an agreement amounts to the letting of immovable property within such meaning?”; and that further consideration of the appeal be adjourned sine die. [2001] UKHL 30

Their Lordships adjourned at six minutes past two o’clock
till Monday next, eleven o’clock.