HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Jovis 16° Maii 2002
The House met at two o’clock.
PRAYERS were read by the Lord Bishop of Rochester.
Judicial Business
1. Matthews (FC) (Appellant) v. Associated Portland Cement Manufacturers (1978) Limited and others (Respondents)—
2. Fox (suing as widow and administratrix of Thomas Fox (deceased)) (FC) (Appellant) v. Spousal (Midlands) Limited (Respondents)—
3. Fairchild (suing on her own behalf and on behalf of the estate of and dependants of Arthur Eric Fairchild (deceased)) (Appellant) v. Glenhaven Funeral Services Limited and others (Respondents)—
It was moved by the Lord Bingham of Cornhill, That the 51st Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that these appeals be allowed; that in the appeal of Matthews, the Order of the Court of Appeal of 11th December 2001 be set aside and that the Order of Mr Justice Mitting of 11th July 2001 be restored; that the respondents do pay to the appellant his costs before Mr Justice Mitting, in the Court of Appeal and before this House, such costs to include a certificate for 2 leading counsel and one junior counsel, 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 Access to Justice Act 1999; that in the appeal of Fox, the Order of the Court of Appeal of 11th December 2001 and the Order of His Honour Judge Mackay of 27th March 2001 be set aside and that judgment be entered for the claimant; that the respondents do pay to the appellant her costs before His Honour Judge Mackay, in the Court of Appeal and before this House, such costs to include a certificate for 2 leading counsel and one junior counsel, 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 Access to Justice Act 1999; that, in the appeal of Fairchild, the Order of the Court of Appeal of 11th December 2001 and the Order of Mr Justice Curtis of 1st February 2001 be set aside; and that the respondents do pay to the appellant her costs before Mr Justice Curtis, 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; that in all three appeals, the parties be invited to make written submissions as to any appropriate consequential orders. [2002] UKHL 22
4. Kuwait Airways Corporation (Respondents) v. Iraqi Airways Company (Appellants) and others—
5. Kuwait Airways Corporation (Appellants) v. Iraqi Airways Company (Respondents) and others—
It was moved by the Lord Nicholls of Birkenhead, That the 52nd 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 21st December 2000 be affirmed and the appeals dismissed; and that the question of costs be adjourned sine die. [2002] UKHL 19
6. Regina v. Commissioner of Police for the Metropolis (Appellant) ex parte Rottman (Respondent) (On Appeal from a Divisional Court of the Queen’s Bench Division)—It was moved by the Lord Nicholls of Birkenhead, That the 53rd 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 the Divisional Court of 30th July 2001 be set aside; and that the certified question be answered with a declaration that “Yes, a police officer who has arrested a person in or on his premises pursuant to a warrant of arrest issued under section 8 of the Extradition Act 1989 has power to search those premises for, and to seize, any goods or documents which he reasonably believes to be material evidence in relation to the extradition crime in respect of which the warrant was issued”. [2002] UKHL 20
7. Regina v. A Special Commissioner and another (Respondents) ex parte Morgan Grenfell & Co Limited (Appellants)—It was moved by the Lord Nicholls of Birkenhead, That the 54th 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 2nd March 2001 and the Order of the Divisional Court of 8th November 2000 be set aside and that the Notice dated 28th September 1999 be quashed; and that the respondents do pay to the appellants their costs before the Divisional Court, 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. [2002] UKHL 21
8. Appeal Committee—The 84th Report was made; the Appeal Committee reported that they had met and had heard Counsel; the report was agreed to and the following Orders were made—
Loutchansky (Respondent) v. Times Newspapers Limited and others (Petitioners)—That leave to appeal be refused; and that the petitioners do pay to the respondent the costs of the petition, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.
Lloyds TSB General Insurance Holdings Limited and others (Respondents) v. Lloyds Bank Group Insurance Company Limited (Petitioners)—That leave to appeal be given; and that the petition of appeal be lodged by 30th May.
The House was adjourned during pleasure.
The House was resumed.
9. Barony of Silkin—The Lord Chancellor informed the House that he had received from Christopher Lewis Baron Silkin an instrument of disclaimer of the Barony of Silkin delivered in accordance with section 1 of the Peerage Act 1963.
Papers
10. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft Criminal Justice and Police Act 2001 (Amendment) Order 2002, together with an Explanatory Memorandum;
2. Draft Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) (Electronic Commerce Directive) Order 2002, together with an Explanatory Memorandum.
11. Negative Instrument—The following instruments were laid before the House and ordered to lie on the Table:
1. Public Telecommunication System Designation (AT&T Global Network Services (UK) B.V.) Order 2002, laid under the Telecommunications Act 1984; (1376)
2. Meat (Hazard Analysis and Critical Control Point) (England) Regulations 2002, laid under the European Communities Act 1972. (889)
12. Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:
Licence granted by the Secretary of State for Trade and Industry to AT&T Global Network Services (UK) B.V., laid under the Telecommunications Act 1984.
13. Instruments coming into operation before being laid—The Lord Chancellor acquainted the House that he had received, under the proviso to section 4(1) of the Statutory Instruments Act 1946, notification that the following instruments had come into operation before being laid before Parliament, with an explanation thereof; the notification and explanation were ordered to lie on the Table:
1. General Medical Council (Voluntary Erasure and Restoration) Regulations Order of Council 2000; (2000/2033)
2. General Medical Council (the Professional Conduct Committee, the General Health Committee and the Committee on Professional Performance) (Amendment) Rules Order of Council 2000; (2000/2034)
3. General Medical Council (Fitness to Practice Committees) Rules Order of Council 2000; (2000/2051)
4. General Medical Council (Constitution of Interim Orders Committee) Rules Order of Council 2000; (2000/2052)
5. General Medical Council (Interim Orders Committee) (Procedure) Rules Order of Council 2000; (2000/2053)
6. General Medical Council (Interim Orders Committee) (Transitional Provisions) Rules Order of Council 2000. (2000/2054)
Public Business
14. National Health Service Reform and Health Care Professions Bill—The bill was read a third time; an amendment was agreed to (see division list 1); amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; an amendment was disagreed to (see division list 2); then the bill was passed and returned to the Commons with amendments.
15. Mobile Telephones (Re-programming) Bill [HL]—It was moved by the Lord Rooker that the bill be now read a second time; after debate, the motion was agreed to and the bill was committed to a Committee of the Whole House.
16. Latin America—The Baroness Hooper asked Her Majesty’s Government what part they intend to play in the Euro-Latin American Summit planned by the Spanish Presidency of the European Union, particularly in view of recent developments in Argentina and Mercosur; after debate, the question was answered by the Lord Grocott.
The House was adjourned at twenty-three minutes before nine o’clock
to Monday next, half-past two o’clock.
MICHAEL DAVIES
Cler: Parliamentor:
APPENDIX
PROCEEDINGS OF THE GRAND COMMITTEE (IN COMMITTEE ROOM 4)
The Committee met at four o’clock.
Tax Credits Bill—The bill was considered in the Grand Committee; amendments were moved and (by leave of the Committee) withdrawn; the Committee was adjourned after amendment 33.
The Committee was adjourned at half-past seven o’clock. | 
