§ Mr. Roger Moate (Faversham)I rise to present a petition from Ferruccio John Claderan on behalf of the Felixstowe Dock and Railway Company and Kenneth Michael Turner on behalf of the British Transport Docks Board. As I shall seek to move a motion arising from the petition, I request that it be read by the Clerk.
§
The CLERK OF THE HOUSE read the petition, which was as follows:
To the Honourable the Commons of the United Kingdom of Great Britain and Northern Ireland in Parliament assembled,
The Humble Petition of Ferruccio John Claderan of 16 St. Martins-le-Grand, London, EC1A 4EJ, Solicitor on behalf of the Felixstowe Dock and Railway Company, of Felixstowe, Suffolk, IP11 8SY, the Plaintiffs in the action in the Queen's Bench Division High Court of Justice No. 1976, F. No. 1395 and of Kenneth Michael Turner, of Melbury House, Melbury Terrace, London. NW1 6JY, Solicitor on behalf of the British Transport Docks Board, of Melbury House, Melbury Terrace, London. NW1 6JY, the Defendants in the said action which said action is listed for hearing in London on Monday the 12th day of July 1976.
§ Sheweth
§ First:
§ THAT the Plaintiffs claim in the action is for:
- 1. A declaration that the Agreement in writing made the 21st November 1975 between the Plaintiffs and Defendants is void by reason of the written notice dated 28th May 1976 given by the Plaintiffs to the Defendants pursuant to clause 5 of the said Agreement;
- 2. A declaration that by reason of the said written notice dated 28th May 1976 the Defendants are bound to withdraw the British Transport Docks (Felixstowe) Bill.
§ Alternatively:
§ 3. A declaration that the said Agreement made the 21st November 1975 is ultra vires the statutory powers of the Defend- 796 ant Board and is thereby void and unenforceable;
§ 4. A declaration that the proposed acquisition by the Defendants of the whole of the issued ordinary stock of the Plaintiff Company constitutes an abuse by the Defendants of a dominant position contrary to Article 86 of the Treaty of Rome;
§ 5. A declaration that the said Agreement made the 21st November 1975, in implementing the aforesaid abuse of a dominant position is invalid and void and contrary to Article 86 of the Treaty of Rome;
§ 6. A declaration that the form of Agreement made the 21st November 1975 between the parties herein is not a binding enforceable and valid contract;
§ And in any event:
§ 7. An injunction
- (i) restraining the Defendants by their servants or agents or otherwise from taking any steps whatsoever to promote the British Transport Docks (Felixstowe) Bill or endeavouring in any way whatsoever to secure its enactment;
- (ii) acting in any way pursuant to or in any way asserting the validity of the said Agreement made the 21st November 1975.
§ Second:
§ THAT during the course of the consideration of the British Transport Docks (Felixstowe) Bill by a Select Committee of Your Honourable House references were made to the Agreement made in writing the 21st November 1975 between the Plaintiffs and the Defendants and to the effect on that Agreement of amendments proposed to be made in the Bill.
§ Third:
§
THAT reference is desired to be made during the course of the action to the Minutes of Evidence taken before the Select Committee of Your Honourable House which considered the British Transport Docks (Felixstowe) Bill on Tuesday, 27th April 1976, Wednesday, 28th April 1976 and Thursday, 29th April 1976:
Wherefore Your Petitioners Pray that Your Honourable House will be graciously pleased to give leave to the Proper Officers of the House to attend the trial of the said action and to produce the said Minutes of Evidence and formally to prove the same before the court according to their competence.
And Your Petitioners, as in duty bound, will ever pray, etc.
§ To lie upon the Table.
§ Mr. MoateI beg to move,
That leave be given to the proper Officers of the House to attend the trial of the said action and to produce the said Minutes of Evidence and formally to prove the same, and that leave be given for reference to be made to the said Minutes.
§ Question put.
797§ Mr. SpeakerObjection taken. It cannot be pursued today.