M v Home Office

Parliamentary Archives,
HL/PO/JU/18/253

In re M (A.P.) (Cross-appellant and Original Respondent)

JUDGMENT

Die Martis 27° Julii 1993

Upon Report from the Appellate Committee to whom was
referred the Cause In re M, That the Committee had heard Counsel
as well on Monday the 10th as on Tuesday the 11th, Wednesday the
12th, Thursday the 13th, Monday the 17th, Tuesday the 18th and
Wednesday the 19th days of May last upon the Petition and Appeal
of Kenneth Wilfred Baker of 50 Queen Anne's Gate, London SW1H
9AT, praying that the matter of the Order set forth in the
Schedule thereto, namely an Order of Her Majesty's Court of
Appeal of the 29th day of November 1991, might be reviewed before
Her Majesty the Queen in Her Court of Parliament and that the
said Order might be reversed, varied or altered or that the
Petitioner might have such other relief in the premises as to Her
Majesty the Queen in Her Court of Parliament might seem meet; as
upon the case of Makunsa Mbala lodged in answer to the said
Appeal; as also upon the Petition and Cross-appeal of Makunsa
Mbala of Her Majesty's Prison Pentonville, Caledonian Road,
London N7, praying that the matter of the Order set forth in the
Schedule thereto, namely an Order of Her Majesty's Court of
Appeal of the 29th day of November 1991, might be reviewed before
Her Majesty the Queen in Her Court of Parliament and that the
said Order might be reversed, varied or altered or that the
Petitioner might have such other relief in the premises as to Her
Majesty the Queen in Her Court of Parliament might seem meet; as
upon the case of the Home Office and Kenneth Wilfred Baker lodged
in answer to the said Cross-appeal; and due consideration had
this day of what was offered on either side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and
Temporal in the Court of Parliament of Her Majesty the Queen
assembled, That the said Order of Her Majesty's Court of Appeal
of the 29th day of November 1991 complained of in the said Appeal
and the said Cross-appeal be, and the same is hereby, Affirmed
save that in place of Kenneth Wilfred Baker there be substituted
the designation "Secretary of State for Home Affairs" as being
the proper subject of the finding of contempt, and that the said
Petition and Appeal and the said Cross-appeal be, and the same
are hereby, dismissed this House: And it is further Ordered.
That the Appellant do pay or cause to be paid to the said
Respondent the Costs incurred by him in respect of the said
Appeal and the said Cross-appeal, such costs to include provision
for three Counsel and the amount thereof to be certified by the
Clerk of the Parliaments if not agreed between the parties: And
it is also further Ordered, That the costs of the Respondent be
taxed in accordance with the Legal Aid Act 1988.