HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Thursday 20th October 2005
The House met at a quarter before ten o’clock.
PRAYERS were read by the Lord Bishop of Norwich.
1. Oath—Donald Sage Lord Mackay of Drumadoon took and subscribed the oath pursuant to statute.
Judicial Business
2. Synthon BV (Appellants) v. Smithkline Beecham plc (Respondents)—It was moved by the Lord Bingham of Cornhill, That the 17th 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 17th July 2003 be set aside and the Order of Mr Justice Jacob in the High Court of Justice Chancery Division Patents Court of 3rd December 2002 restored; and that there be no order as to costs in the Court of Appeal or in this House. [2005] UKHL 59
3. MH (by her litigation friend, Official Solicitor) (FC) (Respondent) v. Secretary of State for the Department of Health (Appellant) and others—It was moved by the Lord Bingham of Cornhill, That the 18th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order and declarations of the Court of Appeal of 3rd December 2004 be set aside and the Order of Mr Justice Silber in the High Court of Justice Queen’s Bench Division Administrative Court of 22nd January 2004 restored; that the respondent do pay to the appellant his costs in the Court of Appeal and this House; and that the amounts thereof, if any, to be paid by the respondent and to be paid out of the Community Legal Service Fund be determined by a Costs Judge for those costs incurred in the Court of Appeal and certified by the Clerk of the Parliaments for those incurred in this House in accordance with section 11 of the Access to Justice Act 1999; and that the costs of the respondent in this House be taxed in accordance with the Access to Justice Act 1999. [2005] UKHL 60
4. Campbell (Appellant) v. MGN Limited (Respondents)—It was moved by the Lord Nicholls of Birkenhead, That the 42nd Report from the Appeal Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the petition of MGN Limited, praying that the House make a ruling that the percentage uplift provided for in the conditional fee agreements made between Ms Naomi Campbell and her solicitors and Counsel in respect of her appeal to this House should be wholly disallowed on legal grounds, be dismissed; and that the question of costs of the petition be adjourned in order that the parties may make written submissions within 14 days. [2005] UKHL 61
5. College of Estate Management (Respondents) v. Her Majesty’s Commissioners of Customs and Excise (Appellants)—It was moved by the Lord Rodger of Earlsferry on behalf of the Lord Steyn, 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 11th August 2004 be set aside and the Order of Mr Justice Lightman in the High Court of Justice Chancery Division of 13th November 2003 restored; and that the respondents do pay to the appellants their costs in the Court of Appeal and this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties. [2005] UKHL 62
6. DN (by his litigation friend RN) (Petitioner) v. London Borough of Greenwich (Respondents)—The petition of DN praying for leave to appeal was presented and referred to an Appeal Committee.
7. Appeal Committee—The 43rd Report was made; the Appeal Committee reported that they had met and had heard Counsel; the report was agreed to and the following Order was made—
Habib Bank Limited (Petitioners) v. Iqbal (FC) (Respondent)—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 and that the costs of the respondent be taxed in accordance with the Access to Justice Act 1999.
8. Appeal Committee—The 44th Report from the Appeal Committee was agreed to and the following Orders were made—
Black and others (Petitioners) v. Davies (Respondent)—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.
Thomson (Petitioner) v. Christie Manson & Woods Limited (Respondents) and others—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.
Her Majesty’s Revenue and Customs (Respondents) v. Stringer and others (Petitioners)—That leave to appeal be given; and that the petition of appeal be lodged by 3rd November.
CIBC Mellon Trust Company (acting in its capacity as Trustee of the Chrysler Canada Limited’s Benefits Plan, the Chrysler Canada Limited Master Trust Fund, the Chrysler Canada Limited Non-Canadian Master Trust, the Holmes Foundry Division Master Trust Fund and the Chrysler Canada Limited Supplemental Unemployment Benefits Plan) and others (Respondents) v. Stolzenberg and others and another (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.
Newton (Petitioner) v. Bicknell and Bicknell Associates (a firm) (Respondents) (2005)—That the petition be dismissed as inadmissible.
Alford (Respondent) v. Department for the Environment, Food and Rural Affairs (Petitioner)—That leave to appeal be refused; that the respondent be at liberty to apply for her costs in accordance with direction 6.1(e); and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.
Rakem (Petitioner) v. Embaby (Respondent)—That the petition be dismissed as inadmissible.
The House was adjourned during pleasure.The House was resumed.
Papers
9. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i) Council Tax (Exempt Dwellings) (Amendment) (England) Order 2005— (2865)
(ii) Council Tax (Civil Partners) (England) Regulations 2005— (2866)
laid under the Local Government Finance Act 1992;
2. (i) Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005— (2877)
(ii) Civil Partnership Act 2004 (Tax Credits, etc.) (Consequential Amendments) Order 2005— (2919)
laid under the Civil Partnership Act 2004;
3. (i) Social Security (Civil Partnership) (Consequential Amendments) Regulations 2005— (2878)
(ii) Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No. 4) Regulations 2005— (2894)
laid under the Social Security Contributions and Benefits Act 1992;
4. Pension Protection Fund (Insolvent Partnerships) (Amendment of Insolvency Events) Order 2005, laid under the Pensions Act 2004; (2893)
5. Licensing Act 2003 (Permitted Temporary Activities) (Notices) Regulations 2005, laid under the Licensing Act 2003; (2918)
7. 6. Civil Partnership (Contracted-Out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order (Northern Ireland) 2005, laid under the Northern Ireland Act 2000. (—)
10. Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:
Report for 2004 of the Animal Procedures Committee, laid under the Animals (Scientific Procedures) Act 1986.
Public Business
11. Business of the House—It was moved by the Lord Rooker, on behalf of the Lord President (Baroness Amos), that the debates on the motions in the names of the Lord Dholakia and the Lord Renton of Mount Harry set down for today shall each be limited to 2½ hours and that in the name of the Baroness Scott of Needham Market to 3 hours; the motion was agreed to.
12. Prisons: suicides (2½-hour debate)—It was moved by the Lord Dholakia that there be laid before the House papers relating to the rate of suicides in prison, and the effect of overcrowding on vulnerable inmates; after debate, the motion was (by leave of the House) withdrawn.
13. House-building programme (3-hour debate)—It was moved by the Baroness Scott of Needham Market that there be laid before the House papers relating to the environmental and social consequences of the Government’s house-building programme; after debate, the motion was (by leave of the House) withdrawn.
14. Financing of the Common Agricultural Policy (EUC Report) (2½-hour debate)—It was moved by the Lord Renton of Mount Harry that this House takes note of the Report of the European Union Committee on The Future Financing of the Common Agricultural Policy (2nd Report, HL Paper 7); after debate, the motion was agreed to.
The House was adjourned at twenty-four minutes past seven o’clock
to Monday next, half-past two o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
Subscribe to Email Alerts for this page
