No. 137 31 OCTOBER 2007

The Lords of Appeal sitting during the Prorogation of Parliament pursuant to Standing Order 87

1 Secretary of State for the Home Department (Appellant) v JJ and others (FC) and another (Respondents) It was moved by Lord Bingham of Cornhill 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 Her Majesty’s Court of Appeal of 1 August 2006 be affirmed and the appeal dismissed; that the appellant do pay or cause to be paid to the respondents their costs of the appeal to this House; and that the costs of the respondents in this House be taxed in accordance with the Access to Justice Act 1999. [UKHL 45]

2 Secretary of State for the Home Department (Respondent) v MB (FC) (Appellant)

3 Secretary of State for the Home Department (Respondent) v AF (FC) (Appellant) (Civil Appeal from Her Majesty’s High Court of Justice)

4 Secretary of State for the Home Department (Appellant) v AF (FC) (Respondent) (Civil Appeal from Her Majesty’s High Court of Justice)

(Conjoined Appeals)

It was moved by Lord Bingham of Cornhill that the 55th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that in the appeal of MB, the Order of Her Majesty’s Court of Appeal of 1 August 2006, save for paragraph 4 of the said Order be affirmed and the appeal dismissed; that paragraph 4 of the said Order be set aside; that the cause be remitted to Her Majesty’s High Court of Justice for reconsideration in the light of the opinions expressed in this House; and that the question of the costs of the appeal to this House be adjourned in order that the parties may make written submissions within 14 days; and that in the appeal of AF and in the appeal of the Secretary of State for the Home Department, the appeal of AF be dismissed and the appeal of the Secretary of State for the Home Department allowed; that paragraphs 1 and 6 of the Order of Mr Justice Ouseley in the Administrative Court of the Queen’s Bench Division of Her Majesty’s High Court of Justice of 30 March 2007 be set aside but that all other paragraphs of the said Order be affirmed; that the questions set out in the Order of Mr Justice Ouseley in the Administrative Court of the Queen’s Bench Division of Her Majesty’s High Court of Justice of 17 April 2007 be answered in accordance with the opinions expressed in this House; that the causes be remitted to Her Majesty’s High Court of Justice for reconsideration in the light of opinions expressed in this House; and that the question of the costs of the appeals in this House and also of the costs incurred so far in the courts below be adjourned in order that the parties may make written submissions within 14 days. [UKHL 46]

5 Secretary of State for the Home Department (Respondent) v E (FC) and another (Appellants) It was moved by Lord Bingham of Cornhill that the 56th 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 17 May 2007 be affirmed and the appeal dismissed; and that the question of the costs of the appeal to this House be adjourned in order that the parties may make written submissions within 14 days. [UKHL 47]

6 Office of Fair Trading (Respondents) v Lloyds TSB Bank plc and others (Appellants) and others (Respondents) It was moved by Lord Hoffmann that the 57th 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 23 March 2006 be affirmed and the appeal dismissed; and that the question of the costs of the appeal to this House be adjourned in order that the parties may make written submissions within 14 days. [UKHL 48]

7 C plc v P (Petitioner) and another (Respondent) The petition of P praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

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

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

(Conjoined appeals)

The petition of the respondents praying that Anthony James McMahon be removed as a respondent in these proceedings was presented; and it was ordered as prayed.

10 Saber (AP) (Original Appellant and Cross-respondent) v Secretary of State for the Home Department (Original Respondent and Cross-appellant) (Scotland) The petition of the Original Respondent and Cross-appellant praying that the cross-appeal be withdrawn on condition that the Cross-appellant do pay to the Cross-respondent any costs incurred in respect of the petition of cross-appeal to this House, such costs to be certified by the Clerk of the Parliaments if not agreed between the parties was presented; and it was ordered as prayed.

11 Appeal Committee The 90th Report from the Appeal Committee was agreed to and the following Order was made:

Pilecki (Petitioner) v Circuit Court of Legnica, Poland (Respondents) That leave to appeal be given; and that the petition of appeal be lodged by 14 November.

12 Appeal Committee The 91st Report from the Appeal Committee was agreed to and the following Orders were made:

In re H (children) (2007) (Second petition) That the petition be dismissed as inadmissible.

WHA Limited and others (Petitioners) v Her Majesty’s Revenue and Customs (Respondents) That leave to appeal be given; and that the petition of appeal be lodged by 14 November.

CH (Jamaica) (Petitioner) v Secretary of State for the Home Department (Respondent) That leave to appeal be refused; that the respondent be at liberty to apply for her 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.

R (on the application of RJM) (FC) (Petitioner) v Secretary of State for Work and Pensions (Respondent) That leave to appeal be given; and that the petition of appeal be lodged by 14 November.

In re P and others (AP) (Petitioners) (Northern Ireland) That leave to appeal be given; and that the petition of appeal be lodged by 14 November.

The Appellate Committee sitting during the Prorogation of Parliament pursuant to Standing Order 87:

Thursday 1 November at 10.30 amIn Committee Room No 1

Hearing by the Appellate Committee in the following causes:

A (Appellant) v Hoare (Respondent)

X (FC) and another (FC) (Appellants) v London Borough of Wandsworth (Respondents)

C (FC) (Appellant) v Middlesbrough Council (Respondents)

(Conjoined appeals)

H (FC) (Appellant) v Suffolk County Council (Respondents)

Young (FC) (Appellant) v Catholic Care (Diocese of Leeds) and others (Respondents)

The Appellate Committee sitting during the Prorogation of Parliament pursuant to Standing Order 87:

Monday 5 November at 11 am

In Committee Room No 1

Further hearing by the Appellate Committee in the following causes:

A (Appellant) v Hoare (Respondent)

X (FC) and another (FC) (Appellants) v London Borough of Wandsworth (Respondents)

C (FC) (Appellant) v Middlesbrough Council (Respondents)

(Conjoined appeals)

H (FC) (Appellant) v Suffolk County Council (Respondents)

Young (FC) (Appellant) v Catholic Care (Diocese of Leeds) and others (Respondents)

Tuesday 6 November at 10.30 am

In Committee Room No 1

Further hearing by the Appellate Committee in the following causes:

A (Appellant) v Hoare (Respondent)

X (FC) and another (FC) (Appellants) v London Borough of Wandsworth (Respondents)

C (FC) (Appellant) v Middlesbrough Council (Respondents)

(Conjoined appeals)

H (FC) (Appellant) v Suffolk County Council (Respondents)

Young (FC) (Appellant) v Catholic Care (Diocese of Leeds) and others (Respondents)