JOURNALS HOUSE OF LORDS - United Kingdom Parliament

406 21st-25th April
2005
9. JD (FC) (Appellant) v. East Berkshire Community Health NHS Trust and others (Respondents)
and two other actions (FC)—It was moved by the Lord Bingham of Cornhill, That the 31st
Report from the Appellate Committee of the late Parliament be agreed to; the motion was
agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 31st July 2003
be aYrmed and the appeal dismissed; and that the question of costs be adjourned in order that
the parties may make written submissions within 14 days. [2005] UKHL 23
10. Brooks (FC) (Respondent) v. Commissioner of Police for the Metropolis (Appellant) and others—
It was moved by the Lord Bingham of Cornhill, That the 32nd Report from the Appellate
Committee of the late Parliament be agreed to; the motion was agreed to. It was ordered and
adjudged that the Order of the Court of Appeal of 26th March 2002, so far as appealed
against, be set aside; that the respondent do pay to the appellant his costs in the Central
London County Court, in the Court of Appeal and in this House; that the order for costs in
the Central London County Court be not enforced without the permission of that Court; and
that the amounts of the costs in the Court of Appeal and in this House, 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 regulation 5(2) of the Community Legal Service (Costs Protection)
Regulations 2000. [2005] UKHL 24
11. Regina v. Mushtaq (Appellant)(On Appeal from the Court of Appeal (Criminal Division))—It was
moved by the Lord Rodger of Earlsferry on behalf of the Lord Steyn, That the 33rd Report
from the Appellate Committee of the late Parliament be agreed to; the motion was agreed to.
It was ordered and adjudged that the Order of the Court of Appeal Criminal Division of 30th
July 2002 be aYrmed; that the certified question be answered in the aYrmative; and the appeal
dismissed. [2005] UKHL 25
Their Lordships adjourned during pleasure.
Their Lordships resumed in Committee Room No. 2
12. Roberts (FC) (Appellant) v. Parole Board (Respondents)—
The cause was further and fully heard and consideration was adjourned sine die.
Their Lordships adjourned at four o’clock
till Monday next, half-past ten o’clock.
Monday 25th April 2005
Their Lordships met at half-past ten o’clock in Committee Room No. 1
The following Lords of Appeal were present:
Brown of Eaton-under-
Heywood, L.
Hale of Richmond, B.
Hope of Craighead, L.
Nicholls of Birkenhead, L.
Scott of Foscote, L.
Steyn, L.
Walker of Gestingthorpe, L.
1. Regina v. Secretary of State for Education and Employment and others (Respondents) ex parte
Williamson (Appellant) and others—Further to Order of the House of Thursday 24th
February 2005 (23rd Report Session 2004-05; [2005] UKHL 15), it was Ordered that the Order
for costs made by Mr Justice Elias on 15 November 2001 be aYrmed; that the Order of Her
Majesty’s Court of Appeal of 12 December 2002 aYrmed by this House on 24 February 2005
be varied so far as regards costs; that there be no order for costs in the Court of Appeal; and
that there be no order for costs in this House.
2. Leeds City Council (Respondents) v. Price and others and others (FC) (Appellants) (England)—
The appeal of Kim Maloney, Patrick Maloney (senior), Ellen Maloney, Patrick Maloney
(junior) and Kathleen Maloney was presented and it was ordered that in accordance with
Standing Order VI the statement and appendix thereto be lodged on or before 6th June. The
appellants’ certificate of public funding was lodged (lodged 18th April).
3. Bailey and others (Respondents) v. Home OYce (Petitioners)—The petition of the Home OYce
praying for leave to appeal was presented and referred to an Appeal Committee (lodged
22nd April).
4. Durant (Petitioner) v. Financial Services Authority (Respondents)—The petition of Michael John
Durant praying for leave to appeal notwithstanding that the time limited by Standing Order
II has expired was presented and referred to an Appeal Committee.