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Friday 3rd May 2024

 

Issue No. 155

 

and

 

Monday 6th May 2024

 

Issue No. 156

 

C O N T E N T S

 

Friday 3rd May
Notices
Fixing Notice
Calling List
Outer House Rolls (Adjustment)
Notice
Outer House Rolls
Inner House Rolls
Monday 6th May
Notices
Fixing Notice
Notice
Outer House Rolls
Inner 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
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
 
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
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
 
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
 

 

*  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

 


 

N O 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

 

 

 

_________________

 

 

 

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

 

 

 

_________________

 

 

 

COURT OF SESSION

 

 

CALLING LIST

 

Friday 3rd May

 

1 F27/24 James Mackay v Diana Mackay Turcan Connell
 
2 PD169/24 Stuart Abercrombie v Cruden Building (Scotland) Ltd, formerly Cruden Building (West) Ltd Digby Brown LLP
 

 

 

_________________

 

 


 

OUTER HOUSE ROLLS

 

 

Adjustment in the undernoted cases commenced on Wednesday 1st May 2024 and in the absence of any court order to the contrary the records therein will, without further publication in the rolls, close on Wednesday 26th June 2024.

 

 

1 A301/22 Anne White v Craig Dewar (Plumbing and Heating) Ltd
 
BTO Solicitors LLP Brodies LLP  
2 A147/22 Hazel Drinkall v Dumfries & Galloway Health Board
 
Drummond Miller LLP NHS Scotland Central Legal Office
 
 
3 A84/24 Holly Rodwell v Greater Glasgow Health Board
 
Drummond Miller LLP NHS Scotland Central Legal Office
 
 
4 A388/23 Carolyn Clarke &c v Stephen Beattie
 
Lefevres MDDUS  
5 A290/18 Emblem Schools Ltd v Galliford Try Construction (UK) Ltd &c
 
Shepherd & Wedderburn LLP Burness Paull LLP Brodies LLP
    DAC Beachcroft Scotland LLP
 
   
6 A289/23 Alan McLoughlin v Elizabeth Brown
 
Drummond Miller LLP TC Young LLP  
7 A116/24 Alastair Milne v HSS Hire Service Group Ltd
 
Digby Brown LLP DAC Beachcroft Scotland LLP
 
 

 

_________________


 

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.

 

 

 

_________________

 

 

 

OUTER HOUSE ROLLS

 

 

LORD ERICHT – C Wright, Clerk

 

Court 11 - Parliament House

 

Tuesday 7th May

 

Proof (8 days)

 

COS/PD506-22 Fiona Hills v Michael Sinclair
 
Digby Brown LLP Clyde & Co (Scotland) LLP
 
 

 

 

LADY POOLE – S Alexander, Clerk

 

Court 10 - Parliament House

 

Tuesday 7th May

 

Proof (4 days)

 

COS/PD315-22 Alexander Montgomery v George Leslie Ltd
 
Thompsons DWF LLP  

Case Management Hearing

 

A60/21 David McCrae &c v Andrew Gatenby &c
 
Drummond Miller LLP MDDUS NHS Scotland Central Legal Office
 

 

 

LORD BRAID – D Allen, Clerk

 

Court 6 - Parliament House

 

Tuesday 7th May

 

Debate (2nd day)

 

COS/CA31-23 Forthwell Ltd v Pontegadea UK Ltd
 
Brodies LLP Burness Paull LLP  

 

 

LORD SANDISON – L Morgan, Clerk

 

Court 12 - Parliament House

 

Tuesday 7th May

 

Starred Motion

between 10.00am and 10.30am

 

COS/CA120-23 East Lothian Developments Ltd v Scottish Water Addleshaw Goddard Burness Paull LLP
 
 

Continued By Order

between 10.30am and 11.00am

 

A707/14 Peter Burns &c v John Horsey &c Kennedys Scotland BTO Solicitors LLP Aberdein Considine & Co
 

Starred Motion

between 11.00am and 11.30am

 

A312/21 David Nicholls &c v Scotland Gas Networks
 
Shepherd & Wedderburn LLP
 
Addleshaw Goddard DLA Piper Scotland LLP

 

 

LORD SCOTT – A Harkins, Clerk

 

Court 7 - Parliament House

 

Tuesday 7th May

 

Judicial Review – Substantive Hearing

 

COS/P747-23 Pet:  Brian Hannah for Judicial Review Drummond Miller LLP
 
SGLD  

 

 

LORD STUART – C Munn, Clerk

 

Court 4 - Parliament House

 

Tuesday 7th May

 

Proof (6 days)

 

COS/PD518-20 Scott Gall v Unity Well Integrity UK Ltd
 
Allan McDougall BTO Solicitors LLP
 
 

 

 

_________________

 

 

 

INNER HOUSE ROLLS

 

 

EXTRA DIVISION

 

Tuesday 7th May

 

Procedural Hearing

at 10.30am

 

COS/XA53-23 Muhammad Massod for appeal against a decision of Medical Practitioner Tribunal Service
 
Party Anderson Strathern LLP  

 

 

_________

 

 


 

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
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
 
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
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
 
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
 

 

*  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

 


 

N O 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

 

 

 

_________________

 

 

 

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

 

 

 

_________________

 

 

 

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.

 

 

 

_________________

 

 

 

OUTER HOUSE ROLLS

 

 

LORD BRAID – D Allen, Clerk

 

Court 6 - Parliament House

 

Wednesday 8th May

 

Case Management Hearing and By Order

between 9.00am and 9.30am

 

A215/20 Tia Crichton v Highland Health Board Digby Brown LLP NHS Scotland Central Legal Office
 
 

Continued Preliminary Hearing

between 9.30am and 10.00am

 

COS/CA9-23 Mark Coulter v Anderson Anderson & Brown LLP
 
Lefevres Brodies LLP  

 


 

LORD SANDISON – L Morgan, Clerk

 

Court 12 - Parliament House

 

Wednesday 8th May

 

Starred Motion

between 9.00am and 10.00am

 

CA107/20 General Services 2 Ltd v Spex Engineering (UK) Ltd &c
 
BBM Solicitors CMS  
CA108/20 General Services 2 Ltd v John Fox &c
 
BBM Solicitors Addleshaw Goddard CMS
CA24/21 General Services 1 Ltd v Ryan Strachan
 
BBM Solicitors CMS  
CA25/21 General Services 1 Ltd v Spex Offshore (UK) Ltd
 
BBM Solicitors CMS  

Judicial Review – Substantive Hearing

 

COS/P1082-23 Pet:  Cairns Trustees (Jersey) Ltd &c as Trustees for the Eastgate Unit Trust for Judicial Review
 
Burness Paull LLP Harper MacLeod LLP  

 

 

LORD STUART – C Munn, Clerk

 

Court 4 - Parliament House

 

Wednesday 8th May

 

Case Management Hearing

at 9.30am

 

COS/F13-24 Christine Hodge v Colin Hodge Morton Fraser MacRoberts LLP
 
Brodies LLP  

 

 

TO BE ALLOCATED

 

Wednesday 8th May

 

Case Management Hearing

 

COS/A230-22 Linda Thomson &c v Kingsgate Medical Practice &c Friends Legal BTO Solicitors LLP NHS Scotland Central Legal Office
 

By Order Adjustment

 

A275/19 Rosemary McLafferty v Greater Glasgow Health Board DAC Beachcroft Scotland LLP NHS Scotland Central Legal Office
 
 

By Order Adjustment

 

A185/20 Ashley Little v NHS Dumfries & Galloway Hann & Co Solicitors LLP NHS Scotland Central Legal Office
 
 

By Order

 

A212/21 Golden Lane Securities Ltd v Pamela Anderson Brodies LLP Turcan Connell
 
 

By Order

 

COS/A323-23 Julie Corrigan v Alexander Corrigan
 
TC Young LLP    

 

 

_________________

 

 

 

INNER HOUSE ROLLS

 

 

FIRST DIVISION

 

Wednesday 8th May

 

Summar Roll (2 days)

 

CA117/21 Reclaiming Motion (Lord Harrower) Tilbury Douglas Construction Ltd v Ove Arup & Partners
 
Brodies LLP Clyde & Co (Scotland) LLP  

 

 

_________________