House of Lords Journal 241 (Session 2007-08)


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Wednesday 9 April 2008

The House met at 9.45am.

The following Lords Spiritual and Temporal were present:

Bingham of Cornhill, L.
Brown of Eaton-under-
Heywood, L.
Carswell, L.
Chelmsford, Bp.
Hale of Richmond, B.
Hoffmann, L.
Hope of Craighead, L.
Mance, L.
Neuberger of Abbotsbury, L.
Phillips of Worth Matravers, L.
Rodger of Earlsferry, L.
Scott of Foscote, L.
Walker of Gestingthorpe, L.
    

Prayers were read by the Lord Bishop of Chelmsford.

Judicial Business

1    R (on the application of Gentle (FC) and another (FC)) (Appellants) v The Prime Minister and others (Respondents) It was moved by Lord Bingham of Cornhill that the 30th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of Her Majesty’s Court of Appeal of 12 December 2006 be affirmed and the appeal dismissed; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2008] UKHL 20

2    McGrath and another (Appellants) and others v Riddell and others (Respondents)

3    McGrath and another and others (Appellants) v Riddell and others (Respondents)

(Conjoined Appeals)

It was moved by Lord Hoffmann that the 31st Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed; that the Order of Her Majesty’s Court of Appeal of 9 June 2006 and also the Order of Mr Justice David Richards in Her Majesty’s High Court of Justice Chancery Division Companies Court of 24 October 2005 set aside; that the matter be remitted to Her Majesty’s High Court of Justice so that it may give effect to the letters of request from the Supreme Court of New South Wales of 4 July 2005 asking that the provisional liquidators be directed, after payment of their expenses, to remit the assets to the Australian liquidators for distribution; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2008] UKHL 21

4    City Index Limited (Respondents) v Gawler and others (Petitioners) and others The petition of David Gawler, Nigel Edward Robson, David Maurice Eilbeck, Robert Careless, Peter William

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Allen, James Henry Morys Bruce, Michael George Foster, Neil Anthony Johnson, Homi Phiroz Mullan, John Mitchell Neill, Martin Gibbeson Taylor, Peter Graham Walker and PricewaterhouseCoopers LLP praying for leave to appeal was presented and referred to an Appeal Committee (lodged 13 March).

5    Ten Trinity Square Limited (Petitioners) v City Inn (Jersey) Limited (Respondents) The petition of Ten Trinity Square Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 4 April).

6    Smith (Petitioner) v Northamptonshire County Council (Respondents) The petition of Jean Margaret Smith praying for leave to appeal was presented and referred to an Appeal Committee.

7    AIC Limited (Petitioners) v Marine Pilot Limited (Respondents) The petition of AIC Limited praying for leave to appeal was presented and referred to an Appeal Committee (lodged 4 April).

8    R v Bullen (Respondent) The petition of the Crown Prosecution Service praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee (lodged 29 January).

9    In re B (children) (FC) The petition of CAFCASS praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee.

10    R (on the application of Rudi) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) The appeal was set down for hearing and referred to an Appellate Committee (lodged 31 March).

11    Zalewska (AP) (Appellant) v Department for Social Development (Respondents) (Northern Ireland) The appeal was set down for hearing and referred to an Appellate Committee (lodged 27 March).

12    Maco Door and Window Hardware (UK) Limited (Respondents) v Her Majesty’s Revenue and Customs (Appellants) The appeal was set down for hearing and referred to an Appellate Committee (lodged 8 April).

13    In re Doherty (Original Respondent and Cross-appellant) (Northern Ireland) The appeal was set down for hearing and referred to an Appellate Committee (lodged 8 April).

14    C plc v P (Appellant) and another (Respondent) 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 20 May (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 8 April).

15    WHA Limited and others (Appellants) v Her Majesty’s Revenue and Customs (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 6 weeks after the final resolution of the infraction proceedings brought before the European Court of Justice by the European Commission against the United Kingdom (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 31 March).

16    R (on the application of M) (FC) (Petitioner) v Homerton University Hospital NHS Trust and others (Respondents) The petitioner’s certificate of public funding was lodged.

17    Appeal Committee The 49th Report from the Appeal Committee was agreed to and the following Order was made:

Mayor and Burgesses of the London Borough of Lewisham (Appellants) v Malcolm (Respondent) That the petition of Sebastian Kornhauser praying that he might be heard or otherwise intervene in the said appeal be refused.

18    Appeal Committee The 50th Report from the Appeal Committee was agreed to and the following Order was made:

Chief Constable of the Hertfordshire Police (Original Appellant and Cross-respondent)) v Van Colle (administrator of the estate of GC (deceased)) and another (Respondents) That the petition of

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Inquest, Justice, Liberty and Mind that they might be heard or otherwise intervene in the said appeal be allowed.

Savage (Respondent) v South Essex Partnership NHS Foundation Trust (Appellants) That the petition of Inquest, Justice, Liberty and Mind that they might be heard or otherwise intervene in the said appeal be allowed.

19    Appeal Committee The 51st Report from the Appeal Committee was agreed to and the following Order was made:

Chief Constable of the Hertfordshire Police (Original Appellant and Cross-respondent)) v Van Colle (administrator of the estate of GC (deceased)) and another (Respondents) That the petition of the Equality and Human Rights Commission that they might be heard or otherwise intervene in the said appeal be allowed.

Savage (Respondent) v South Essex Partnership NHS Foundation Trust (Appellants) That the petition of Equality and Human Rights Commission that they might be heard or otherwise intervene in the said appeal be allowed.

20    Appeal Committee The 52nd Report from the Appeal Committee was agreed to and the following Order was made:

In re Doherty (Original Respondent and Cross-appellant) (Northern Ireland) That the petition of the Secretary of State for Northern Ireland that he might be heard or otherwise intervene in the said appeal be allowed.

21    Appeal Committee The 53rd Report from the Appeal Committee was agreed to and the following Orders were made:

Cawsand Fort Management Company Limited (Petitioners) v Stafford 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.

Earl Cadogan (Petitioner) v Pitts and another (Respondents) and one other action That leave to appeal be given; and that the petition of appeal be lodged by 23 April.

Banfield and another (Petitioners) v Leeds Building Society (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.