HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Monday 21st June 2004
The House met at half-past ten o’clock.
PRAYERS were read by the Lord Bishop of Coventry.
Judicial Business
1. Ghaidan (Appellant) v. Godin-Mendoza (FC) (Respondent)—It was moved by the Lord Nicholls of Birkenhead, That the 39th 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 5th November 2002 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; and that the costs of the respondent in this House be taxed in accordance with the Access to Justice Act 1999. [2004] UKHL 30
2. Toomey of Syndicate 2021 (suing on his own behalf and as representative of those underwriters subscribing to facultative reinsurance policy number CH 990165 set out in Schedule 1 to the Particulars of Claim) (Respondent) v. Banco Vitalicio de Espana SA de Seguros Y Reaseguros (trading as Vitalicio Seguros) (Petitioners)—The petition of Banco Vitalicio de Espana SA de Seguros Y Reaseguros praying for leave to appeal was presented and referred to an Appeal Committee (lodged 18th June).
3. University of Keele (Respondents) v. Price Waterhouse (a firm) (Petitioners)—The petition of Price Waterhouse praying for leave to appeal was presented and referred to an Appeal Committee.
4. Regina v. Soneji and another (Respondents) (On Appeal from the Court of Appeal (Criminal Division))—The appeal was set down for hearing and referred to an Appellate Committee.
5. Appeal Committee—The 58th Report from the Appeal Committee was agreed to and the following Orders were made—
Royal Bank of Scotland plc (Respondents) v. Fielding (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.
Langham (Her Majesty’s Inspector of Taxes) (Respondent) v. Veltema (Petitioner)—That leave to appeal be refused; that the respondent be at liberty to apply for his 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.
Davis and others (Petitioners) v. Tonbridge and Malling Borough Council (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.
Ryde International plc (Petitioners) v. London Regional Transport (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.
6. Appeal Committee—The 59th Report from the Appeal Committee was agreed to and the following Order was made—
N (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 5th July next.
7. Appeal Committee—The 60th Report from the Appeal Committee was agreed to and the following Orders were made—
Regina v. Smith (Petitioner) (2004)—That leave to appeal be refused.
Regina v. Kelleher (Petitioner)—That leave to appeal be refused.
Regina v. Davies (Petitioner)—That leave to appeal be refused.
In re Currie and others (Petitioners) (Northern Ireland)—That the respondent be invited to lodge objections by 5th July next.
The House was adjourned during pleasure.The House was resumed.
8. Lord Tunnicliffe—Denis Tunnicliffe Esquire, CBE, having been created Baron Tunnicliffe, of Bracknell in the Royal County of Berkshire, for life by Letters Patent dated in the afternoon of 2nd June 2004, was introduced between the Lord Berkeley and the Baroness Gibson of Market Rasen, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.
9. Lord Laidlaw—Irvine Alan Stewart Laidlaw Esquire, having been created Baron Laidlaw, of Rothiemay in Banffshire, for life by Letters Patent dated in the forenoon of 14th June 2004, was introduced between the Lord Strathclyde and the Lord Harris of Peckham, the Gentleman Usher of the Black Rod and Garter King of Arms preceding; and took and subscribed the oath pursuant to statute.
Papers
10. Command Papers—The following papers were presented to the House by command of Her Majesty and ordered to lie on the Table:
1. Departmental Performance—Report for 2004 of United Kingdom Trade and Investment; (6215)
2. Atomic Energy—Amendment to the Agreement between the United Kingdom and the United States of America for Cooperation on the Uses of Atomic Energy for Mutual Defence Purposes. (6261)
11. Statutory Instrument (Standing Order 71)—The following negative instrument, was laid before the House on 18th June, and ordered to lie on the Table:
TSE (England) (Amendment) Regulations 2004, laid under the European Communities Act 1972. (1518)
12. Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:
Draft European Communities (Definition of Treaties) (Stabilisation and Association Agreement between the European Communities and their Member States, and the Republic of Croatia) Order 2004, laid under the European Communities Act 1972, together with an Explanatory Memorandum.
13. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
(i) Statute made by St. John’s College, Cambridge— (—)
(ii) Statute made by Pembroke College, Oxford— (—)
laid under the Universities of Oxford and Cambridge Act 1923.
14. Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:
Report to the Secretary of State for Trade and Industry on an investigation into Queen’s Moat Houses Plc, laid under the Companies Act 1985.
Public Business
15. Christmas Day (Trading) Bill—A bill to prohibit the opening of large shops on Christmas Day was brought from the Commons, read a first time and ordered to be printed. (HL Bill 89)
16. Children Bill—The bill was further considered on report; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to; further consideration on report was adjourned after amendment 94.
1. 17. Scottish Parliament (Constituencies) Bill—The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed and the bill was reported without amendment.
The House was adjourned at six minutes past nine o’clock
till tomorrow, half-past two o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
