Friday 10th May 2024
Issue No. 160
C O N T E N T S
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Erratum |
Notices |
Fixing Notice |
Calling List |
Outer House Rolls (Adjustment) |
Notice |
Outer House Rolls |
Inner House Rolls |
E R R A T U M
Please note that the undernoted Further Procedure Warning List - Personal Injury Actions should have appeared on Issue No. 159 of the Rolls of Court published on Thursday 9th May 2024.
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.
1 | PD58/18 Fatmah Albuloushi v John Barr | Digby Brown LLP | Clyde & Co (Scotland) LLP | |
2 | PD309/18 Barry Millar v Onesubsea UK Ltd | Balfour + Manson LLP | Clyde & Co (Scotland) LLP | |
3 | PD263/19 Fiona Allan &c v Leonardo Bora &c | Slater & Gordon Scotland Ltd | DAC Beachcroft Scotland LLP | |
4 | PD473/19 Gina Brown &c v John Woodward | Balfour + Manson LLP | DAC Beachcroft Scotland LLP | |
5 | PD38/20 Susan Wylie v Thomas McGuigan &c | Jackson Boyd LLP | DAC Beachcroft Scotland LLP | |
6 | PD241/20 Tracey McDowall &c v Julie Banks &c | Digby Brown LLP | CMS | BTO Solicitors LLP |
7 | PD306/20 Keith Appleby v Alfred CoiCiola &c | Balfour + Manson LLP | Clyde & Co (Scotland) LLP | |
8 | PD359/20 Elaine Caird v Barchester Healthcare Ltd | Digby Brown LLP | DAC Beachcroft Scotland LLP | |
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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 |
* 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
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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 - 10th December 2024
Personal Injury Proofs requiring more than 4 days - 10th June 2025
Ordinary Action Proofs requiring more than 4 days - 13th August 2024
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COURT OF SESSION
CALLING LIST
Friday 10th May
1 | COS/PD174-24 Andrew Gough v Commercial and Pool Diving Solutions Ltd (in voluntary liq) &c | Digby Brown LLP |
2 | COS/PD160-24 David Bryce v South Lanarkshire Council &c | Thompsons |
3 | COS/CA29-24 Manolete Partners PLC v Michael Jordan | Shepherd and Wedderburn LLP |
4 | COS/PD171-24 TCX v Province of Great Britain of The Institute of the Brothers of the Christian Schools (The De La Salle Brothers) | Thompsons |
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OUTER HOUSE ROLLS
Adjustment in the undernoted cases commenced on Wednesday 8th 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 3rd July 2024.
1 | A103/23 Lendlease Construction (Europe) Ltd v Martifer UK Ltd | Pinsent Masons LLP | Anderson Strathern LLP | |
2 | A104/23 Lendlease Construction (Europe) Ltd v Martifer Metallic Constructions | Pinsent Masons LLP | Anderson Strathern LLP | |
3 | A363/23 Kuiper Group UK Ltd v John Deas | Addleshaw Goddard | Stronachs LLP | |
4 | A103/24 Erik Zwart v Raeburn Christie Clark & Wallace | Harper Macleod LLP | Clyde & Co (Scotland) LLP | |
5 | A259-23 Michael Fuller &c v Grampian Health Board &c | DAC Beachcroft Scotland LLP | NHS Scotland Central Legal Office | |
6 | A129/24 Denise Booth-Alexander v Muirhouse Medical Practice | Lefevres | MDDUS | NHS Scotland Central Legal Office |
7 | A125/24 Ellen Wilson &c v NHS Tayside Health Board | Jones Whyte | NHS Scotland Central Legal Office | |
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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
Parliament House
Tuesday 14th May
Starred Motion
COS/A64-21 Struer Consulting Engineers Ltd v Gleeds Cost Management Ltd | Brodies LLP | Addleshaw Goddard | |
LORD BRAID – N Marchant, Clerk
Court 6 - Parliament House
Tuesday 14th May
By Order
between 9.30am and 10.00am
COS/CA84-23 Kevan Jones &c v Craighton Holdings Ltd | Gillespie Macandrew LLP | | |
Starred Motion
between 10.00am and 11.00am
COS/P263-24 Pet: His Majesty’s Secretary of State for Business and Trade for a disqualification order in terms of the Company Directors Act 1986 re: Muhammad Azam | Burness Paull LLP | | |
Starred Motion
between 12.00pm and 1.00pm
COS/P264-24 James McColl &c for orders under section 994 and 996 of the Companies Act 2006 | DAC Beachcroft Scotland LLP | Shepherd & Wedderburn LLP | |
LORD SANDISON – L Morgan, Clerk
Court 12 - Parliament House
Tuesday 14th May
Continued By Order
between 9.00am and 10.00am
COS/P130-24 Pet: Upper Clyde Shipbuilders Ltd 86/27 to Restore to the Register of Companies | Thompsons | | |
Continued By Order
between 10.30am and 11.30am
COS/P401-23 Pet: Argyle Asset Management Ltd for orders under section 994 and 996 of the Companies Act 2006 | DAC Beachcroft Scotland LLP | Davidson Chalmers Stewart LLP | |
LORD RICHARDSON – D Allen, Clerk
Court 7 - Parliament House
Tuesday 14th May
Pre-Proof By Order
between 9.30am and 10.00am
COS/CA70-23 Keiron Paterson v Blackadders LLP | Burness Paull LLP | Brodies LLP | |
LORD STUART – C Munn, Clerk
Court 4 - Parliament House
Tuesday 14th May
By Order
at 9.30am
COS/P363-24 Pet: RP for enforcement of Part 1 Order | Drummond Miller LLP | | |
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INNER HOUSE ROLLS
FIRST DIVISION
Tuesday 14th May
Summar Roll
COS/PD101-21 Reclaiming Motion (Lord Stuart) Elaine Veale &c v Scottish Power UK Plc | Thompsons | Shepherd & Wedderburn LLP | |
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