JOURNALS HOUSE OF LORDS - United Kingdom Parliament

2005 16th February
191
Bingham of Cornhill, L.
Brown of Eaton-under-
Heywood, L.
Wednesday 16th February 2005
The House met at a quarter past four o’clock.
The following Lords Spiritual and Temporal were present:
Carswell, L.
Nicholls of Birkenhead, L.
Oxford, Bp.
PRAYERS were read by the Lord Bishop of Oxford.
Rodger of Earlsferry, L.
Steyn, L.
Walker of Gestingthorpe, L.
Judicial Business
1. J I MacWilliam Company Inc (Respondents) v. Mediterranean Shipping Company SA
(Appellants)—It was moved by the Lord Bingham of Cornhill, 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 24th January 2003 be aYrmed and the appeal
dismissed with costs, the amount thereof to be certified by the Clerk of the Parliaments if not
agreed between the parties. [2005] UKHL 11
2. Regina v. Smith (Appellant) (2004) (No. 2) (On Appeal from the Court of Appeal (Criminal
Division))—
3. Regina v. Mercieca (Appellant) (On Appeal from the Court of Appeal (Criminal Division))—
It was moved by the Lord Bingham of Cornhill, That the 20th Report from the Appellate
Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the
Orders of the Court of Appeal Criminal Division of 19th December 2003 be set aside and the
convictions of the appellants in the Central Criminal Court of 30th May 2002 quashed; that
both parts of the certified question be answered in the negative; and that the cases of both
appellants be remitted to the Court of Appeal to determine whether to order a new trial. [2005]
UKHL 12
4. Regina v. Secretary of State for the Home Department (Respondent) ex parte Al-Hasan (FC)
(Appellant)—
5. Regina v. Secretary of State for the Home Department (Respondent) ex parte Carroll (FC)
(Appellant)—
(Conjoined Appeals)—
It was moved by the Lord Bingham of Cornhill, That the 21st Report from the Appellate
Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the
Orders of the Court of Appeal of 19th July 2001 and also the Orders of Mr Justice Newman
in the Administrative Court of the Queen’s Bench Division of 16th February 2001 be set aside;
and that the findings of guilt recorded against both appellants in their respective prison records
be quashed and deleted; that the Respondent do pay to the Appellants their costs here and
below; and that the Appellants’ costs be taxed in accordance with the Access to Justice Act
1999. [2005] UKHL 13
6. Regina v. Secretary of State for the Home Department (Respondent) ex parte Greenfield (FC)
(Appellant)—It was moved by the Lord Bingham of Cornhill, That the 22nd 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 19th July 2001 and also the Order of the Divisional
Court of the Queen’s Bench Division of 22nd February 2001 be set aside; that there be no
award of damages; and that it be declared “(1) that the Secretary of State for the Home
Department acted unlawfully by failing to provide the appellant with a hearing before an
independent tribunal, contrary to article 6(1) of the European Convention on Human Rights;
and (2) that the Secretary of State for the Home Department acted unlawfully by refusing to
allow the appellant to be legally represented, contrary to article 6(3) of the European
Convention on Human Rights.” That the question of costs be adjourned in order that the
parties may make written submissions within 14 days; and that the costs of the appellant in
this House be taxed in accordance with the Access to Justice Act 1999. [2005] UKHL 14
7. Szuluk (FC) (Petitioner) v. Governor of HMP Full Sutton and another (Respondents)—The
petition of Edward Szuluk praying for leave to appeal was presented and referred to an Appeal
Committee. The petitioner’s certificate of public funding was lodged.
8. R (on the application of Nilsen) (FC) (Petitioner) v. Governor of HMP Full Sutton and another
(Respondents)—The petition of Denis Andrew Nilsen praying for leave to appeal
notwithstanding that the time limited by Standing Order II has expired was presented and
referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged.