Thursday 2nd May 2024
Issue No. 154
C O N T E N T S
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| Notices |
| Fixing Notice |
| Further Procedure Warning List Personal Injury |
| Calling List |
| Walling List |
| 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 |
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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
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.
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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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FURTHER PROCEDURE WARNING LIST
PERSONAL INJURY ACTIONS
Following a trawl of Personal Injury cases lodged within the Offices of the Courts of Session, the following cases have been identified as requiring further procedure in the undernoted cases. Within some of the undernoted cases, intimation has been given to the Keeper of the Rolls regarding the case has settled.
Accordingly the cases will be put out By Order in the near future.
| PD471/16 Gerard Glynn &c v BHC Ltd | Digby Brown LLP | DAC Beachcroft Scotland LLP
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| PD399/17 Daniel Bates v Craig Stack | Slater & Gordon Scotland Ltd | DAC Beachcroft Scotland LLP
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| PD58/18 Fatmah Albuloushi v John Barr | Digby Brown LLP | Clyde & Co (Scotland) LLP
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| PD309/18 Barry Millar v Onesubsea UK Ltd | Balfour + Manson LLP | Clyde & Co (Scotland) LLP
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| PD263/19 Fiona Allan &c v Leonardo Bora &c | Slater & Gordon Scotland Ltd | DAC Beachcroft Scotland LLP
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PD453/19 Ann Byrne &c v Babcock Rail Ltd
| Digby Brown LLP | Brodies LLP | |
| PD473/19 Gina Brown &c v John Woodward | Balfour + Manson LLP | DAC Beachcroft Scotland LLP
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| PD38/20 Susan Wylie v Thomas McGuigan &c | Jackson Boyd LLP | DAC Beachcroft Scotland LLP
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| PD141/20 Barry Watson v DTT Deliveries Ltd | Slater & Gordon Scotland Ltd
| DWF LLP | |
PD241/20 Tracey McDowall &c v Julie Banks &c
| Digby Brown LLP | CMS | BTO Solicitors LLP |
PD306/20 Keith Appleby v Alfred CoiCiola &c
| Balfour + Manson LLP | Clyde & Co (Scotland) LLP
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| PD359/20 Elaine Caird v Barchester Healthcare Ltd | Digby Brown LLP | DAC Beachcroft Scotland LLP
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COURT OF SESSION
CALLING LIST
Thursday 2nd May
| 1 | F8/24 Amanda Walker v Paul Walker
| BTO Solicitors LLP
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| 2 | A146/23 Galliford Try Building 2014 Ltd v FES FM Ltd | Burness Paull LLP
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| 3 | PD167/24 John Fraser v Forth Ports Ltd | Thompsons
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| 4 | A148/23 Kaplan Glasgow Ltd v Watkin Jones & Son Ltd &c
| Brodies LLP |
| 5 | PD147/24 TCS v Waverley Steam Navigation Co Ltd | Thompsons
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COURT OF SESSION
WALLING LIST
Thursday 2nd May
| 1 | Petition | Scotland Gas Networks Plc for an order in terms of Section 1021 of the Companies Act 2006 for a vesting order in respect of the Property at Waterbank Farm, Westerfield Road, Carmunnock, Glasgow, G76 9HS
| Addleshaw Goddard LLP |
| 2 | Petition | Osman Siddig Mohammed for Judicial Review of a decision by the Secretary of State for the Home Department to pause consideration of the Petitioner’s asylum claim
| Drummond Miller LLP as agents for Katani and Co Solicitors, Glasgow
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| 3 | Petition | The Nursing and Midwifery Council for an extension of the period of a n Interim Suspension Order imposed on a Registrant under Article 31(9) of the Nursing and Midwifery Order 2001 by 12 months to 12 June 2025
| N/A |
| 4 | Petition | Ibrahim Mohammed Sharifian for Judicial Review of a decision of the Home Office dated 5th February 2024 refusing to treat the petitioner’s further submissions as a fresh claim
| Drummond Miller LLP as agents for Maguire Solicitors, Glasgow
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| 5 | Petition | James Ferguson, Thomas Jenkins and Douglas Yates, having a place of business at 6 Miller Road, Ayr KA7 2AY as directors of RACKIT LTD, a company incorporated under the Companies Acts with company registration number SC295001 and having its registered office at 6 Miller Road, Ayr KA7 2AY for an Order to Wind Up Rackit Ltd in terms of Section 122 of the Insolvency Act 1986
| Wright, Johnston & Mackenzie LLP |
| 6 | Petition | Fort Kinnaird GP Limited for an order under Section 46 of the Court of Session Act 1988 and for interdict and interdict ad interim
| Shepherd & Wedderburn LLP |
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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 – 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
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LADY CARMICHAEL – E Hunter, Clerk
Court 8 - Parliament House
Thursday 9th May
Case Management Hearing
at 9.30am
| COS/F5-23 Naveed Iqbal v Tina Iqbal | Balfour + Manson LLP | Beveridge & Kellas
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Judicial Review – Substantive Hearing (2 days)
| COS/P122-24 Pet: A for Judicial Review | Drummond Miller LLP | Anderson Strathern LLP
| Balfour + Manson LLP |
| | SGLD | Millard Law
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Friday 10th May
By Order
at 9.30am
| COS/F20-23 Mohammed Malki v Shifa Ajlani | Party | Anderson Strathern LLP
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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
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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 | |
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
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Continued Preliminary Hearing
between 9.30am and 10.00am
COS/CA9-23 Mark Coulter v Anderson Anderson & Brown LLP
| Lefevres | Brodies LLP | |
Thursday 9th May
Pre-Proof By Order
between 9.00am and 9.30am
| COS/CA53-23 Manolete Partners Plc v Sean McMahon | Shoosmiths LLP
| Campbell Smith LLP
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Starred Motion
between 9.30am and 10.00am
| P523/19 Pet: The Scottish Ministers for PPO Order re Sergey Fedotov &c | Civil Recovery Unit
| Party | |
Friday 10th May
By Order
between 9.00am and 10.00am
CA71/22 Ogilvie Construction Ltd v Leach Rhodes Walker Ltd
| Brodies LLP
| CMS
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Starred Motion
between 10.00am and 11.00am
| A326/20 Alasdair MacKenzie &c v Scottish Waters &c | DAC Beachcroft Scotland LLP
| MacRoberts LLP
| Brodies LLP |
| | Clyde & Co (Scotland) LLP
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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
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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
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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 | |
Thursday 9th May
Starred Motion
between 9.00am and 9.30am
| COS/CA28-23 India Buildings Ltd &c v The Liquid Room Ltd | Gillespie Macandrew LLP | Anderson Strathern LLP
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Procedural Hearing
between 9.30am and 10.00am
| COS/A40-23 Grey Sky Publishing Ltd v Sandro Paladini | Burness Paull LLP | Thorntons Law LLP
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Friday 10th May
By Order
between 9.00am and 9.30am
CA30/20 The University Court of the University of Edinburgh v Geoff Turnbull &c
| Brodies LLP
| Urquharts
| Balfour + Manson LLP |
Procedural Hearing
between 9.30am and 10.00am
| COS/CA120-23 East Lothian Developments Ltd v Scottish Water | Addleshaw Goddard
| Burness Paull LLP
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By Order
between 10.00am and 11.00am
| COS/P724-23 Pet: Note MCR Oil Tools Ltd for orders under Insolvency Rule 2018 | Ledingham Chalmers LLP
| CMS
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LORD RICHARDSON – D Allen, Clerk
Court 7 - Parliament House
Thursday 9th May
By Order
between 9.30am and 10.00am
| CA109/18 Ronald Somerville v 1051 GWR Ltd | Harper MacLeod LLP
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| CA41/21 Ronald Somerville v 1051 GWR Ltd | Harper MacLeod LLP
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Continued Proof Before Answer
| CA16/20 Jonathan Gough v Cannons Law Practice | Thompsons | DAC Beachcroft Scotland LLP
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| CA17/20 Lee Montague-Trenchard v Cannons Law Practice | Thompsons | DAC Beachcroft Scotland LLP
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LORD LAKE – D Bowie, Clerk
Court 7 - Parliament House
Thursday 9th May
Judicial Review – Oral Hearing
at 9.30am
| COS/P118-24 Pet: Aderibigbe Mustapha for Judicial Review | Drummond Miller LLP | Office of the Advocate General
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LORD SCOTT – C Anderson, 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
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
Tuesday 7th May
Proof (6 days)
COS/PD518-20 Scott Gall v Unity Well Integrity UK Ltd
| Allan McDougall | BTO Solicitors LLP
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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
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By Order Adjustment
| A275/19 Rosemary McLafferty v Greater Glasgow Health Board | DAC Beachcroft Scotland LLP | NHS Scotland Central Legal Office
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By Order Adjustment
| A185/20 Ashley Little v NHS Dumfries & Galloway | Hann & Co Solicitors LLP | NHS Scotland Central Legal Office
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By Order
| A212/21 Golden Lane Securities Ltd v Pamela Anderson | Brodies LLP | Turcan Connell
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By Order
COS/A323-23 Julie Corrigan v Alexander Corrigan
| TC Young LLP | | |
Thursday 9th May
Procedure Roll
| A266/21 Scottish Power UK Plc v Doosan Babcock Ltd &c | Shepherd & Wedderburn LLP | Weightmans (Scotland) LLP
| Brodies LLP |
By Order
A181/21 WB Properties (Scotland) Ltd v Hilland McNulty Ltd
| Brodies LLP | DWF LLP | |
Friday 10th May
Case Management Hearing
| COS/A272-22 William Munro &c v Grampian Health Board | Drummond Miller LLP | NHS Scotland Central Legal Office
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Case Management Hearing
| COS/A322-22 William Sloan &c v Lanarkshire Health Board | Jones Whyte | NHS Scotland Central Legal Office
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By Order
| COS/A144-23 Elaine Blue &c v Greater Glasgow Health Board | Digby Brown LLP | NHS Scotland Central Legal Office
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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 | |
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 | |
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