Wednesday 1st May 2024
Issue No. 153
C O N T E N T S
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| Notices |
| Fixing Notice |
| Calling List |
| Walling List |
| Notice |
| Outer House Rolls |
N O T I C E
Please find below details of intimation, opposition and enrolment dates to accommodate the public holidays of the 6th and 20th May 2024.
Motions etc. intimated and enrolled by email in accordance with Parts 2 and 4 of Chapter 23 of the Rules of the Court of Session 1994.
| Intimation Date | Opposition Date | Motion Lodged Date |
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| Information for Public Holiday on 6th May 2024 |
| 01/05/2024 | 03/05/2024 | 07/05/2024 |
| 02/05/2024 | 07/05/2024 | 08/05/2024 |
| 03/05/2024 | 08/05/2024 | 09/05/2024 |
| Intimation, opposition and enrolment dates to return to normal thereafter |
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| Information for Public Holiday on 20th May 2024 |
| 15/05/2024 | 17/05/2024 | 21/05/2024 |
| 16/05/2024 | 21/05/2024 | 22/05/2024 |
| 17/05/2024 | 22/05/2024 | 23/05/2024 |
| Intimation, opposition and enrolment dates to return to normal thereafter |
Motions intimated by other means in accordance with Parts 3 and 4 of Chapter 23 of the Rules of the Court of Session 1994
| Date motion enrolled | Can be opposed until 12.30pm on… | Date opposed motion dealt with |
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| Information for Public Holiday on 6th May 2024 |
| 02/05/2024 | 03/05/2024 | 07/05/2024 |
| 03/05/2024 | 07/05/2024 | 08/05/2024 |
| Intimation, opposition and enrolment dates between dates to run as normal |
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| Information for Public Holiday on 20th May 2024 |
| 16/05/2024 | 17/05/2024 | 21/05/2024* |
| 17/05/2024 | 21/05/2024 | 22/05/2024* |
Intimation, opposition and enrolment dates between dates to run as normal
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* If the motion is opposed you will be contacted by the Keeper’s Office to arrange the opposed motion hearing date as per current practice
NO T I C E
Parties should liaise with the Keeper’s office prior to enrolling a motion seeking to assign or re-assign a date for a hearing in the Outer House (this excludes commercial and family actions).
Please can parties communicate with the Keeper’s office inbox: keepers@scotcourts.gov.uk
This change is being implemented to avoid overloading of the court rolls, and to avoid hearings in actions which are not being case managed, being assigned for unsuitable dates and times.
UPDATED N O T I C E
OPPOSED AND STARRED MOTIONS
The procedure for the allocation of opposed and starred motions will now be as follows:
When an opposition to a motion or an automatic starred motion is lodged during term time, the Keeper’s Office will allocate the motion to call 2 days ahead from the enrolment of the opposed or starred motion.
Can all parties please ensure their respective counsel are available prior to the enrolment of any opposed or starred motion.
Parties should liaise with the Keeper’s office in relation to the allocation of these motions. Following the allocation of the motion, the clerk will liaise with parties to agree the time the motion will call. This is to ensure an opportunity is provided for representations to be made about the format of the hearing.
All communications with the Keeper’s Office should be made to:
keepers@scotcourts.gov.uk
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FIXING N O T I C E
The Keeper’s office is currently fixing the following for Personal Injury Proofs and Ordinary Action Proofs:
Personal Injury 4 day Proofs - 3rd December 2024
Personal Injury Proofs requiring more than 4 days - 10th June 2025
Ordinary Action Proofs requiring more than 4 days - 6th August 2024
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COURT OF SESSION
CALLING LIST
Wednesday 1st May
| 1 | PD162/24 Alastair Patrick v Sara Mackenzie | Digby Brown LLP
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| 2 | A143/23 Jennifer Strang &c v Lothian Health Board &c | Drummond Miller LLP
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| 3 | A55/24 John Fotheringham &c v Grampian Health Board | Digby Brown LLP
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| 4 | A97/24 Mein Farming Company Ltd v T C Johnston & Sons Ltd | BTO Solicitors LLP
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| 5 | PD161/24 Robert Orr v Instrumentation Electrical Services Ltd
| Thompsons |
| 6 | PD149/24 Shannon Lamb v Tayside Health Board | Drummond Miller LLP
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| 7 | A49/24 Tanya Slessor v Grampian Health Board
| Drummond Miller LLP
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COURT OF SESSION
WALLING LIST
Wednesday 1st May
| 1 | Petition | General Dental Council for an extension in terms of section 32(8) and (9) of the Dentists Act 1984
| Anderson Strathern |
| 2 | Petition | Faiza Ashraf for Judicial Review of decisions of the Secretary of State for the Home Department (1) dated 30 January 2024 to grant the Petitioner limited leave to remain instead of indefinite leave to remain; and (2) dated 18 January 2024 to vary the Petitioner’s indefinite leave to remain application to one for limited leave to remain
| Drummond Miller LLP as agents for Maguire Solicitors, Glasgow |
| 3 | Petition | The Nursing and Midwifery Council for an extension of the period of an Interim Conditions of Practice Order imposed on a Registrant under Article 31(9) of the Nursing and Midwifery Order 2001 by 6 months to 6 December 2024
| N/A |
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N O T I C E
INNER HOUSE
All substantive business in the Inner House i.e. hearings not dealing with procedural business as defined by Rule 37A.1(2) of the Court of Session Rules will be conducted in person, however the court may allow parties to be heard remotely on cause shown. A party seeking a remote, or hybrid, hearing should apply to do so by motion.
Procedural hearings in the Inner House, such as leave/permission to proceed hearings, will be conducted virtually or dealt with on the basis of written submissions, however the court may allow the hearing or part thereof to be conducted in person “on cause shown”. A party seeking an in person or hybrid procedural hearing should apply to do so by motion.
OUTER HOUSE
All first instance hearings in the Outer House including proofs, debates and judicial review hearings will be conducted in-person, however the court may allow parties or their witnesses to be heard remotely on cause shown. A party seeking a remote, or hybrid, hearing should apply to do so by motion.
Procedural hearings in the Outer House, including applications for permission to proceed in judicial review petitions, and preliminary and procedural hearings in the Commercial court, will be conducted using Webex or dealt with on the basis of written submissions, however the court may allow the hearing or part thereof to be conducted in person “on cause shown”. A party seeking an in person or hybrid procedural hearing should apply to do so by motion.
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OUTER HOUSE ROLLS
LORD ERICHT – A Galloway, Clerk
Court 10 - Parliament House
Friday 3rd May
Preliminary Hearing
| COS/GP1-24 Lee Bridgehouse v Bayerische Motoren &c | Pogust Goodhead | BTO Solicitors LLP
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LORD BRAID – D Allen, Clerk
Court 6 - Parliament House
Friday 3rd May
Preliminary Hearing
between 9.30am and 10.00am
COS/CA1-24 Papel Payment Services Provider LLC v Monitox Ltd
| MBM Commercial LLP | CMS
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Debate (1 day)
COS/CA31-23 Forthwell Ltd v Pontegadea UK Ltd
| Brodies LLP | Burness Paull LLP | |
LORD SANDISON – L Morgan, Clerk
Court 12 - Parliament House
Friday 3rd May
Case Management Hearing
between 9.00am and 10.00am
COS/PD209-21 Paula Walker v Kevin McKeown
| Drummond Miller LLP | Party | |
LORD STUART – C Munn, Clerk
Court 4 - Parliament House
Friday 3rd May
By Order
| COS/AD9-23 Pet: South Lanarkshire Council for Permanence Order for Authority to Adopt re: RLM | South Lanarkshire Council | Drummond Miller LLP | Hilland McNulty Ltd |
LORD COLBECK – S Alexander, Clerk
Parliament House
Friday 3rd May
Continued Judicial Review - Oral Hearing
at 9.15am
| COS/P1186-23 Pet: Darren Lethorn for Judicial Review | Drummond Miller LLP | SGLD | |
LORD MENZIES – E Brown, Clerk
Court 7 - Parliament House
Friday 3rd May
Case Management Hearing
| COS/A262-22 Douglas McMurdo &c v Scottish Ambulance Service | Drummond Miller LLP | NHS Scotland Central Legal Office
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Procedural Hearing
| A374/19 Susan Drummond v Lothian NHS Board | DAC Beachcroft Scotland LLP | NHS Scotland Central Legal Office
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By Order
| COS/PD15-21 Shaun Edgar v Aberdeen City Council | Thompsons | Clyde & Co (Scotland) LLP
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