House of Lords Journal 238 (Session 2004-05)


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Page 191

2004-05

Volume 238      

Wednesday 16th February 2005

The House met at a quarter past four o’clock.

The following Lords Spiritual and Temporal were present:

Bingham of Cornhill, L.
Brown of Eaton-under-
Heywood, L.
Carswell, L.
Nicholls of Birkenhead, L.
Oxford, Bp.
Rodger of Earlsferry, L.
Steyn, L.
Walker of Gestingthorpe, L.

PRAYERS were read by the Lord Bishop of Oxford.

Judicial Business

1.J I MacWilliam Company Inc (Respondents) v. Mediterranean Shipping Company SA (Appellants)—It was moved by the Lord Bingham of Cornhill, That the 19th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 24th January 2003 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. [2005] UKHL 11
2.Regina v. Smith (Appellant) (2004) (No. 2) (On Appeal from the Court of Appeal (Criminal Division))—
3.Regina v. Mercieca (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—

It was moved by the Lord Bingham of Cornhill, That the 20th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Orders of the Court of Appeal Criminal Division of 19th December 2003 be set aside and the convictions of the appellants in the Central Criminal Court of 30th May 2002 quashed; that both parts of the certified question be answered in the negative; and that the cases of both appellants be remitted to the Court of Appeal to determine whether to order a new trial. [2005] UKHL 12

4.Regina v. Secretary of State for the Home Department (Respondent) ex parte Al-Hasan (FC) (Appellant)—
5.Regina v. Secretary of State for the Home Department (Respondent) ex parte Carroll (FC) (Appellant)—

(Conjoined Appeals)—

It was moved by the Lord Bingham of Cornhill, That the 21st Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Orders of the Court of Appeal of 19th July 2001 and also the Orders of Mr Justice Newman in the Administrative Court of the Queen’s Bench Division of 16th February 2001 be set aside; and that the findings of guilt recorded against both appellants in their respective prison records be quashed and deleted; that the Respondent do pay to the Appellants their costs here and below; and that the Appellants’ costs be taxed in accordance with the Access to Justice Act 1999. [2005] UKHL 13

6.Regina v. Secretary of State for the Home Department (Respondent) ex parte Greenfield (FC) (Appellant)—It was moved by the Lord Bingham of Cornhill, That the 22nd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 19th July 2001 and also the Order of the Divisional Court of the Queen’s Bench Division of 22nd February 2001 be set aside; that there be no award of damages; and that it be declared “(1) that the Secretary of State for the Home Department acted unlawfully by failing to provide the appellant with a hearing before an independent tribunal, contrary to article 6(1) of the European Convention on Human Rights; and (2) that the Secretary of State for the Home Department acted unlawfully by refusing to allow the appellant to be legally represented, contrary to article 6(3) of the European Convention on Human Rights.” That the question of costs be adjourned in order that the parties may make written submissions within 14 days; and that the costs of the appellant in this House be taxed in accordance with the Access to Justice Act 1999. [2005] UKHL 14
7.Szuluk (FC) (Petitioner) v. Governor of HMP Full Sutton and another (Respondents)—The petition of Edward Szuluk praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.
8.R (on the application of Nilsen) (FC) (Petitioner) v. Governor of HMP Full Sutton and another (Respondents)—The petition of Denis Andrew Nilsen 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.

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2004-05

Volume 238

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9.In re Hewitson (Petitioner) (application for a writ of Habeas Corpus)—The petition of James Hewitson 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.
10.Office of the King’s Prosecutor, Brussels (Respondents) v. Armas (Appellant) and others (Criminal Appeal from Her Majesty’s High Court of Justice)—The appeal was set down for hearing and referred to an Appellate Committee.
11.Brown (Appellant) v. Scottish Ministers (Respondents) (Scotland)—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 2nd March (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
12.Powerhouse Retail Limited and others (Respondents) v. Burroughs and others (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.
13.Sutradhar (FC) (Appellant) v. Natural Environment Research Council (Respondents)—The appellant’s certificate of public funding was lodged.
14.Appeal Committee—The 26th Report from the Appeal Committee was agreed to and the following Orders were made—

Zafar (Petitioner) v. Director of Public Prosecutions (Respondent)—That leave to appeal be refused.

London Borough of Waltham Forest (Respondents) v. Omilaju (Petitioner)—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.

The House was adjourned at twenty-seven minutes before five o’clock
to Monday next, half-past two o’clock.