JOURNALS HOUSE OF LORDS - United Kingdom Parliament

2004 2nd December
31
Vallance of Tummel, L.
Vincent of Coleshill, L.
Waddington, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Warner, L.
Warnock, B.
Watson of Richmond, L.
Weatherill, L.
Whitaker, B.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Windlesham, L.
Winston, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young of Hornsey, B.
Young of Norwood Green, L.
PRAYERS were read by the Lord Bishop of Manchester.
1. Earldom of Iddesleigh in the Peerage of the United Kingdom—The Lord Chancellor reported that
John StaVord Northcote had established his succession to the Earldom of Iddesleigh. The
Clerk of the Parliaments was accordingly directed to enter the Earl of Iddesleigh on the
register of hereditary peers maintained under Standing Order 10(5).
Judicial Business
2. Sirius International Insurance Company (Publ) (Appellants) v. FAI General Insurance Limited
and others (Respondents)—It was moved by the Lord Bingham of Cornhill, That the 6th
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 4th April 2003 (as amended on 30th
April 2003) be set aside and the Order of Mr Justice Jacob in the High Court (Chancery
Division) (Companies Court) of 23rd July 2002 restored; and that the question of costs be
adjourned in order that the parties may make written submissions within 14 days. [2004]
UKHL 54
3. R (on the application of C (FC) and another (FC)) (children acting through their father and
litigation friend) (Petitioners) v. Secretary of State for the Foreign and Commonwealth OYce
(Respondent)—The petition of C and D praying for leave to appeal was presented and
referred to an Appeal Committee. The petitioners’ certificates of public funding were lodged.
4. Zafar (Petitioner) v. Director of Public Prosecutions (Respondent)—The petition of Mahmud
Zafar praying for leave to appeal in accordance with the Administration of Justice Act 1960
was presented and referred to an Appeal Committee.
5. Regina v. Secretary of State for Foreign and Commonwealth AVairs (Appellant) ex parte Quark
Fishing Limited (Respondents)—The petition of the appellant praying that the time for
lodging the statement and appendix and setting down the cause for hearing might be extended
to 17th January 2005 (the agents for the respondents consenting thereto) was presented; and
it was ordered as prayed.
6. Regina v. Secretary of State for Foreign and Commonwealth AVairs (Respondent) ex parte Quark
Fishing Limited (Appellants)—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 17th
January 2005 (the agents for the respondent consenting thereto) was presented; and it was
ordered as prayed.
7. Appeal Committee—The following Order was made pursuant to the 109th Report, Session
2003–04:
Regina v. Secretary of State for the Home Department (Petitioner) ex parte Tum (FC)
(Respondent) and one other action—That the following question be referred to the Court of
Justice of the European Communities for a preliminary ruling under Article 234 of the Treaty
establishing the European Community: “Is Article 41(1) of the Additional Protocol to the
Association Agreement signed at Brussels on 23rd November 1970 to be interpreted as
prohibiting a Member State from introducing new restrictions, as from the date on which that
Protocol entered into force in that Member State, on the conditions of and procedure for entry
to its territory for a Turkish national seeking to establish himself in business in that Member
State?”; that, in accordance with Article 55(2) of the Rules of Procedure of the Court of Justice,
the President of the Court be requested to give the disposal of the reference for a preliminary
ruling in this case priority over other cases in view of the special circumstances of this case; and
that further consideration of the petition for leave to appeal be adjourned pending the
preliminary ruling from the Court of Justice of the European Communities.
The House was adjourned during pleasure.
The House was resumed.
Papers
8. 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—Performance Reports for—