Thursday 9th May 2024
Issue No. 159
C O N T E N T S
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| Notices |
| Fixing Notice |
| 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.
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
Thursday 9th May
| 1 | COS/A109-24 Abdul Khan v Donna Stewart
| Digby Brown LLP
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| 2 | COS/CA30-24 Biffa Waste Services Ltd v The Scottish Ministers
| DLA Piper Scotland LLP |
| 3 | COS/PD178-24 Conal Crew &c v The Scottish Ministers etc on behalf of The Scottish Prison Service &c
| Jones Whyte |
| 4 | COS/PD165-24 Julie Morrell &c v NHS Highland
| Digby Brown LLP
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| 5 | COS/PD170-24 Maciej Jakubowski v Peter J Stirling Ltd
| Digby Brown LLP
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| 6 | COS/PD143-24 Vanessa Klava v Bryan Garrick
| Thompsons |
| 7 | GP4/24 William Mackie, representative party for pursuers v Mercedes-Benz Group Aktiengesellschaft &c
| Slater & Gordon Scotland Ltd |
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COURT OF SESSION
WALLING LIST
Thursday 9th May
| 1 | Petition | (First) David Millar; (Second) Shelagh Mairi Millar; (Third) Gordon Lawrence Sinclair Taylor; (Fourth) Rita Taylor; (Fifth) Michael John Probert Jones; and (Sixth) Kathleen Margaret Jones for Judicial Review of the decision of South Ayrshire Council in its decision letter dated 9th February 2024 that: (i) planning permission 02/00790/FUL for the change of use and extension to Coodham House to form 12 residential units, erection of 41 houses within estate grounds, formation of access roads and road layouts and associated works remains extant by virtue of works to Coodham House et separatim (ii) the extant planning permission (02/00790/FUL) of the Coodham Estate is a significant material consideration that outweighs some of the principles of the Development Plan in this instance and is considered to establish the principle of residential development at this site
| Morton Fraser MacRoberts LLP |
| 2 | Note | Bank of Scotland Plc, The Mound, Edinburgh, EH1 1YZ for variation of a restraint order in terms of section 121(5) of the Proceeds of Crime Act 2002
| TLT 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
Thursday 16th May
Procedural Hearing
at 9.00am
COS/GP2-24 Lisa Rutherford v Jaguar Land Rover Automotive Plc &c
| Drummond Miller LLP | CMS | Pinsent Masons LLP |
COS/GP3-24 Lisa Rutherford v Jaguar Land Rover Automotive Plc &c
| Drummond Miller LLP | CMS | Pinsent Masons LLP |
LADY CARMICHAEL – E Hunter, Clerk
Court 8 - Parliament House
Wednesday 15th May
By Order
at 9.00am
COS/AD19-23 Aberdeen Council for Permanence Order under section 80 of the Adoption and Children (Scotland) Act 2007 re: CDH
| Aberdeen City Council | Drummond Miller LLP | |
COS/AD20-23 Aberdeen Council for Permanence Order under section 80 of the Adoption and Children (Scotland) Act 2007 re: SMB
| Aberdeen City Council | Drummond Miller LLP | |
COS/AD21-23 Aberdeen Council for Permanence Order under section 80 of the Adoption and Children (Scotland) Act 2007 re: SSB
| Aberdeen City Council | Drummond Miller LLP | |
COS/AD22-23 Aberdeen Council for Permanence Order under section 80 of the Adoption and Children (Scotland) Act 2007 re: TAB
| Aberdeen City Council | Drummond Miller LLP | |
Thursday 16th May
By Order
at 9.00am
| COS/F60-23 James Lithgow v Claire Lithgow | BTO Solicitors LLP
| Brodies LLP | |
Friday 17th May
Procedural Hearing
at 9.30am
| COS/F83-23 Ryan McIntosh v Karla McIntosh | Harper MacLeod LLP
| TC Young LLP | |
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
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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 | | |
Wednesday 15th May
Starred Motion
between 10.00am and 10.30am
A126/22 Standard Life Assurance Ltd v George Sharkey & Sons Ltd
| CMS | Clyde & Co (Scotland) LLP
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Thursday 16th May
Procedural Hearing
between 9.00am and 9.30am
COS/CA26-24 Aberdeenshire Council v FMP Joint Venture Ltd
| Brodies LLP | CMS | |
Continued Starred Motion
between 9.30am and 9.30am
COS/CA41-24 ARB Aviation Ltd v James Watt &c
| Brodies LLP | Gilson Gray LLP | |
Starred Motion
between 10.00am and 11.00am
| COS/CA15-23 RR UK (South) Ltd v The Scottish Ministers | Burness Paull LLP | Morton Fraser MacRoberts LLP
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LORD SANDISON – L Morgan, Clerk
Court 12 - Parliament House
Tuesday 14th May
Continued By Order
between 9.00am and 10.00am
COS/P103-24 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 | |
Wednesday 15th May
Procedural Hearing
between 9.00am and 9.30am
COS/CA102-23 REX Property Developments Ltd v Onestop Access (Scotland) Ltd
| Harper MacLeod LLP | TC Young LLP | |
By Order
between 9.30am and 10.00am
COS/P1049-23 Pet: Dalkeith Transport & Storage Co Ltd to Restore to the Register
| Gillespie Macandrew LLP | | |
By Order
between 10.30am and 11.00am
| A410/14 James McArthur &c v Arthur Horsey &c | Kennedys Scotland | Aberdein Considine & Co
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Thursday 16th May
By Order
between 9.00am and 10.00am
| COS/CA103-23 Balfour Beatty Construction Ltd v Charles Henshaw & Sons Ltd &c | CMS | Brodies LLP | Clyde & Co (Scotland) LLP
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| | Keoghs Scotland LLP
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| COS/CA104-23 Balfour Beatty Construction Ltd v Ryder Architecture Ltd | CMS | Clyde & Co (Scotland) LLP
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COS/CA105-23 Balfour Beatty Regional Construction Ltd v Fire Safety Engineering Consultants Ltd
| CMS | Keoghs Scotland LLP | |
Proof (1 day)
COS/CA78-23 Deepmatter Ltd v The University Court of the University of Glasgow
| Pinsent Masons LLP | CMS | |
Friday 17th May
Procedural Hearing
between 9.00am and 9.30am
| A249/18 Graeme Roger &c v Grampian Health Board | Balfour + Manson LLP | NHS Scotland Central Legal Office
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Procedural Hearing
between 10.00am and 10.30am
| COS/PD47-21 Sarah Kerr v Midlothian Council | Digby Brown LLP | Clyde & Co (Scotland) LLP
| Kennedys Scotland |
Procedure Roll
| A26/21 Megan Cockburn v Carole Hope | Party | DAC Beachcroft Scotland LLP
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LADY HALDANE – D Allen, Clerk
Court 10 - Parliament House
Wednesday 15th May
Case Management Hearing
| COS/A43-23 Craig Buchanan v Lanarkshire Health Board | Harper MacLeod LLP | NHS Scotland Central legal Office
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By Order
| COS/A84-23 East Renfrewshire Council v William Wright | Clyde & Co (Scotland) LLP
| TC Young LLP | |
By Order
| COS/PD247-23 Eleanor McMillan v David Whitefield &c | Friends Legal | Clyde & Co (Scotland) LLP
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Thursday 16th May
Case Management Hearing
| COS/A137-22 Charlotte Cooper &c v Lanarkshire Health Board | Levy & McRae Solicitors LLP
| NHS Scotland Central legal Office | |
Case Management Hearing
| COS/A191-22 Brian Conolly v National Waiting Times Centre Board | Drummond Miller LLP | NHS Scotland Central legal Office
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By Order
In terms of Rule of Court 43.6(3)
COS/PD533-23 Patrice Keogh &c v Abellio Scotrail Ltd
| Thompsons | Kennedys Scotland | |
Friday 17th May
Judicial Review – Procedural Hearing
| COS/P1184-23 Pet: Toyosi Oye for Judicial Review | Drummond Miller LLP | Office of the Advocate General
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By Order
| A277/20 Trevor Anderson v Greater Glasgow & Clyde Health Board | Lefevres | NHS Scotland Central Legal Office
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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 | |
Wednesday 15th May
Starred Motion
between 9.00am and 10.00am
COS/A398-23 Death Do Us Apart LLP v Blazing Star Productions Ltd &c
| Harper MacLeod LLP | Burness Paull 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 | | |
Wednesday 15th May
By Order
at 9.30am
| COS/AD1-24 Application for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re: LL | SKO Family Law Specialists | | |
By Order
at 4.15pm
| F70/20 Saddah Hassan v Elham Gourti | Drummond Miller LLP | Murphy Robb & Sutherland Solicitors
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Friday 17th May
Judicial Review – Procedural Hearing
at 9.30am
| COS/P1046-23 Pet: A for Judicial Review | Drummond Miller LLP
| Brodies LLP
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Pre-Proof Hearing
at 2.00pm
| COS/AD10-23 Application for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re: EO | SKO Family Law Specialists | | |
TO BE ALLOCATED
Wednesday 15th May
By Order
In terms of Rule of Court 43.6(3)
COS/PD535-23 Sean Neilson &c v Cape Insulation Ltd
| Thompsons | Brodies LLP | |
Thursday 16th May
By Order
In terms of Rule of Court 43.6(3)
COS/PD147-23 Kevin Scott v Don Valley Ltd
| Thompsons | DAC Beachcroft Scotland LLP
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By Order
| COS/PD168-22 William Allan &c v South Lanarkshire Council | Thompsons | Clyde & Co (Scotland) LLP
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By Order
COS/A134-23 Balfour Beatty Kilpatrick Ltd v Sir Robert McAlpine Ltd
| Clyde & Co (Scotland) LLP | BTO Solicitors LLP | |
Friday 17th May
By Order
| COS/A310-23 David Robertson &c v Tayside Health Board | Lindsays LLP | NHS Scotland Central Legal Office
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By Order
| COS/PD50-22 A v Falkirk Council | Jones Whyte | Weightmans (Scotland) 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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EXTRA DIVISION
Thursday 16th May
Single Bill
COS/XA55-23 Jennifer Chinwo for leave to appeal against a decision of the Scottish Legal Complaints Commission
| Party | Burness Paull LLP | |
Procedural Hearing
at 10.30am
COS/P939-23 Reclaiming Motion (Lord Harrower) Pet: Didar Rashidi for Judicial Review
| Drummond Miller LLP | Ledingham Chalmers LLP | |
Friday 17th May
Single Bill
COS/XA17-24 Patrick McAuley for leave to appeal against a decision of the Employment Appeal Tribunal
| Party | | |
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