HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Wednesday 10th May 2006
The House met at a quarter before ten o’clock.
PRAYERS were read by the Lord Bishop of Chester.
Judicial Business
1. Henderson (Respondent) v. 3052775 Nova Scotia Limited (Appellants) (Scotland)—It was moved by the Lord Bingham of Cornhill, That the 52nd 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 Interlocutor of the Inner House of the Court of Session in Scotland of 18th February 2005 and also the Interlocutor of the Lord Ordinary of 21st April 2004 be recalled; that the Cause be remitted to the Inner House of the Court of Session to proceed as accords; and that the respondents do pay to the appellants their costs of the appeal to this House and their expenses in the Court of Session so far as attributable to the motion for summary decree. [2006] UKHL 21
2. Law Society (Original Respondents and Cross-appellants) v. Sephton & Co (a firm) (Original Appellants and Cross-respondents) and another and others (Original Appellants and Cross-respondents)—It was moved by the Lord Hope of Craighead on behalf of the Lord Hoffmann, 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 dismissed; that the Order of the Court of Appeal of 13th December 2004 be affirmed to the extent that such Order set aside those parts of the Order of Mr Michael Briggs QC in the High Court of Justice Chancery Division of 6th February 2004 relating to the expiry of the limitation period applicable to the claim for negligence; that for the declaration made in paragraph (2) and answer given to question (4)(2)(d) in the Order of the Court of Appeal of 13th December 2004 there be substituted a declaration that the Claimant did not suffer damage in respect of its Compensation Fund for the purposes of its claim, and its cause of action did not accrue, more than 6 years prior to its issue on 16th May 2002 of its claim for negligence; that there be no order on the cross-appeal; and that the question of costs be adjourned in order that the parties may make written submissions within 14 days. [2006] UKHL 22
3. SN (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—The petition of SN praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 2nd May).
4. R v. Anderson (Petitioner)—The petition of Noel Anderson, praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee.
5. R v. Norris (Petitioner)—The petition of Aiden Norris, praying for an extension of time within which the petition may be lodged and for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee.
6. Smith (FC) (Appellant) v. Secretary of State for Work and Pensions and another (Respondents)—The petition of the second respondent praying for leave to lodge a separate case (the agents for the appellants consenting thereto) was presented; and it was ordered as prayed.
7. R (on the application of Godmanchester Town Council) (Appellants) v. Secretary of State for the Environment, Food and Rural Affairs (Respondent) and one other action—
8. R (on the application of Drain) (Appellant) v. Secretary of State for the Environment, Food and Rural Affairs (Respondent) and one other action—
The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 20th June (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 8th May).
9. Appeal Committee—The 98th Report from the Appeal Committee was agreed to and the following Orders were made—
Simmons (Petitioner) v. First Secretary of State and others (Respondents)—That leave to appeal be refused; that the first 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.
Department for Environment, Food and Rural Affairs (Respondents) v. Feakins and another (Petitioners)—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. IDT Card Services Ireland Limited (Petitioners)—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.
Paterson and others (Respondents) v. Howells and another (Petitioners)—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.
Butler (Petitioner) v. Derby City Council (Respondents)—That leave to appeal be refused.
The House was adjourned during pleasure.The House was resumed.
Papers
10. Command Papers—The following papers, having been presented to the House by command of Her Majesty, were ordered to lie on the Table:
1. Treaty Series—Fourth Supplementary List of Ratifications, Accessions, Withdrawals, Etc., for 2005; (6776)
2. Culture, Media and Sport—Report for 2006 of the Department for Culture, Media and Sport; (6828)
3. Finance—Report of the Government Actuary’s Department on Government Expenditure Plans 2006-2008. (6831)
11. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. (i) Lebanon and Syria (United Nations Measures) (Isle of Man) Order 2006— (1249)
(ii) Lebanon and Syria (United Nations Measures) (Channel Islands) Order 2006— (1250)
laid under the United Nations Act 1946;
2. Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) Regulations 2006, laid under the Human Tissue Act 2004; (1260)
3. Insolvency (Amendment) Rules 2006, laid under the Insolvency Act 1986; (1272)
4. Consumer Credit (Exempt Agreements) (Amendment) Order 2006, laid under the Consumer Credit Act 1974; (1273)
5. Credit Unions (Maximum Interest Rate on Loans) Order 2006, laid under the Credit Unions Act 1979; (1276)
6. Protection of Water Against Agricultural Nitrate Pollution (England and Wales) (Amendment) Regulations 2006, laid under the European Communities Act 1972. (1289)
12. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Report of the Information Commissioner on Unlawful Trade in Confidential Personal Information, laid under the Data Protection Act 1998;
2. Accounts for 2004-05 of the Commissioners of HM Revenue & Customs in Account with the Government of the Isle of Man, laid under the Isle of Man Act 1979.
Select Committee Report
13. Statutory Instruments—The 25th Report from the Joint Committee was made on certain statutory instruments, including the following affirmative instruments:
Draft Collection of Fines (Final Scheme) Order 2006;
Draft National Health Service (Pre-consolidation Amendments) Order 2006;
Draft Social Security (Income Support and Jobseeker’s Allowance) Amendment Regulations 2006;
Draft National Assembly for Wales (Transfer of Functions) Order 2006;
Draft Army, Air Force and Naval Discipline Acts (Continuation) Order 2006;
Draft Wireless Telegraphy (Pre-Consolidation Amendments) Order 2006;
it was ordered that the Report be printed. (HL Paper 181)
Public Business
14. Procedure of the House—It was moved by the Chairman of Committees that the 4th Report from the Select Committee be agreed to; after debate, the motion was agreed to.
15. Dynamic Demand Appliances Bill [HL]—The bill was read a third time and passed and sent to the Commons.
16. Company Law Reform Bill [HL]—The bill was further considered on report; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; amendments were agreed to (see division lists 1 and 2); further consideration on report was adjourned.
17. Police force mergers—The Baroness Harris of Richmond asked Her Majesty’s Government what effect the plans to merge the 43 police forces in England and Wales will have on the fight against crime; after debate, the question was answered by the Lord Bassam of Brighton.
18. Company Law Reform Bill [HL]—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 335.
The House was adjourned at four minutes past ten o’clocktill tomorrow, eleven o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
