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Thursday 16th May 2024

 

Issue No. 164

 

 

C O N T E N T S

 

 

Notices
Fixing Notice
Further Procedure Warning List Personal Injury
Calling 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
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

 

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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 - 17th December 2024

Personal Injury Proofs requiring more than 4 days - 8th July 2025

Ordinary Action Proofs requiring more than 4 days - 20th 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.

 

PD58/18 Fatmah Albuloushi v John Barr Digby Brown LLP Clyde & Co (Scotland) LLP
 
 
PD38/20 Susan Wylie v Thomas McGuigan &c Jackson Boyd LLP DAC Beachcroft Scotland LLP
 
 
PD241/20 Tracey McDowall &c v Julie Banks &c Digby Brown LLP CMS BTO Solicitors LLP
 
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 16th May

 

1 COS-PD186/24 Martin Rooney &c v Tayside Health Board Thompsons

 

 

 

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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

 

 

LADY CARMICHAEL – E Hunter, Clerk

 

Court 8 - Parliament House

 

Wednesday 22nd May

 

Pre-Proof Hearing

at 9.30am

 

AD3/23 Aberdeen City Council for a Permanence Order under Section 80 of the Adoption and Children (Scotland) Act 2007 re FS
 
Aberdeen City Council TC Young  
AD4/23 Aberdeen City Council for a Permanence Order under Section 80 of the Adoption and Children (Scotland) Act 2007 re IS Aberdeen City Council TC Young  

 

Thursday 23rd May

 

Case Management Hearing and Starred Motion

at 9.00am

 

COS-F98/23 David Thomson v Gayle Thomson Brodies LLP SKO Family Law Specialists  

 

 

 

LORD BRAID – N Marchant, Clerk

 

Court 6 - Parliament House

 

Tuesday 21st May

 

Proof Before Answer (4 days)

 

COS-CA53/23 Manolete Partners Plc v Sean McMahon Shoosmiths LLP Campbell Smith LLP  

 

Wednesday 22nd May

 

Continued Procedural Hearing

between 9.30am and 10.00am

 

COS-CA2/23 Kapital Residential Ltd v Denice Punler Addleshaw Goddard (HBJ Gateley) Gilson Gray LLP  

 

By Order

between 9.00am and 9.30am

 

P48/22 Pet:  David Rutherford for Judicial Factor Shepherd & Wedderburn LLP Burness Paull LLP Turcan Connell

 

Thursday 23rd May

 

By Order

between 9.30am and 10.00am

 

GP7/22 Link Group Ltd v Syndicate 4472 at Lloyds &c TC Young LLP CMS  

 

Friday 24th May

 

By Order

between 10.00am and 10.30am

 

CA2/22 Supaseal Glass Ltd v Inverclyde Windows Manufacturing Ltd Morton Fraser MacRoberts LLP DAC Beachcroft Scotland LLP  

 

Starred Motion

At 11.00am

 

A90/21 Greater Glasgow Health Board v Multiplex Construction &c Morton Fraser MacRoberts LLP Brodies LLP  

 

 

 

LORD YOUNG – L Bell Cunningham, Clerk

 

Court 7 - Parliament House

 

Friday 24th May

 

Judicial Review – Substantive Hearing

 

COS-P1015/23 Pet:  Mohammad Amini for Judicial Review Drummond Miller LLP Ledingham Chalmers LLP  

 

 

 

LORD LAKE – D Bowie, Clerk

 

Parliament House

 

Friday 24th May

 

Judicial Review – Oral Hearing

at 9.30am

 

COS-P899/23 Pet:  Lynos Rwodzi for Judicial Review Drummond Miller LLP Office of the Advocate General  

 

 

 

LORD STUART – C Munn, Clerk

 

Court 4 - Parliament House

 

Tuesday 21st May

 

Proof (4 days)

 

F33/21 Ian Hodge v Rachel Hodge Party Conroy Storrie Gosney  

 

Wednesday 22nd May

 

Case Management Hearing

at 9.30am

 

COS-F19/24 Jane Foad v James Foad BTO Solicitors LLP Brodies LLP  

 

Friday 24th May

 

Pre-Proof By Order

at 9.30am

 

COS-F78/23 Elena Bythell v Shaun Bythell SKO Family Law Specialists Aberdein Considine & Co  

 

Pre-Proof By Order

at 9.30am

 

COS-F62/23 Robert Ritchie v Caroline Ritchie Wright, Johnston & MacKenzie LLP Balfour + Manson LLP  

 

 

 

TO BE ALLOCATED

 

Tuesday 21st May

 

Proof (4 days)

 

COS-PD239/23 Florence Robertson &c v The Secretary of State for Business, Energy & Industrial Strategy &c Thompsons Clyde & Co (Scotland) LLP DWF LLP
 

 

Case Management Hearing

 

COS-A196/22 W v Fife Council A & W M Urquhart Clyde & Co (Scotland) LLP  

 

Wednesday 22nd May

 

Procedure Roll

 

A415/19 Archibald McArthur &c v Central Sabha &c Clyde & Co (Scotland) LLP
 
Pinsent Masons LLP Horwich Farrelly Scotland
  BTO Solicitors LLP DWF LLP  

 

Case Management Hearing

 

A50/21 Kevin Allen v David Robertson &c
 
Digby Brown LLP BTO Solicitors LLP NHS Scotland Central Legal Office

 

Case Management Hearing

 

A320/20 Don McLachlan v Ronald Stewart &c Balfour + Manson LLP BTO Solicitors LLP  

 

By Order Adjustment

 

A73/20 Torquhil Campbell v Advocate General Lindsays LLP Morton Fraser MacRoberts LLP  

 

Procedural Hearing

 

A83/22 Lindsay Weir v Lanarkshire Health Board Anderson Strathern LLP NHS Scotland Central Legal Office  

 

Pre-Proof By Order

 

COS-A116/23 Glasgow City Council v James Stringfellow (aka Jimmy) &c Harper MacLeod LLP Party  

 

Thursday 23rd May

 

Pre-Proof By Order

 

A125/19 Joy Harrison &c v NHS Grampian Balfour + Manson LLP NHS Scotland Central Legal Office  

 

By Order

 

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

 

By Order

 

COS-A89/23 Carolyn Coutts v Lothian Health Board &c Lindsays LLP NHS Scotland Central Legal Office  

 

Friday 24th May

 

Judicial Review – Procedural Hearing

 

COS-P1138/23 Duong Nguyen for Judicial Review Drummond Miller LLP Ledingham Chalmers LLP  

 

By Order

In terms of Rule of Court 43.6(3)

 

COS-PD564/23 Michael Gartshore v Fife Health Board &c
 
Jackson Boyd LLP NHS Scotland Central Legal Office MDDUS

 

By Order

 

COS-PD540/22 Lisa Conlon &c v NHS Grampian Health Board Thompsons NHS Scotland Central Legal Office  

 

By Order

 

COS-PD99/23 Andrew Laing &c v Heggie & Aitchison Ltd Thompsons Bonnar Accident Law Ltd DAC Beachcroft Scotland LLP

 

 

 

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INNER HOUSE ROLLS

 

 

FIRST DIVISION

 

Tuesday 21st May

 

Summar Roll

 

COS-CA55/23 Reclaiming Motion (Lord Braid) John Glare v Clydesdale Bank Plc BTO Solicitors LLP DLA Piper Scotland LLP  

 

Thursday 23rd May

 

Summar Roll

 

A159/21 Reclaiming Motion (Lord Harrower) Alasdair MacNab v Highland Council Currie Gilmour & Co DWF LLP Harper MacLeod LLP

 

 

 

EXTRA DIVISION

 

Friday 24th May

 

Single Bill

 

COS-P1065/23 Pet:  Scottish Legal Complaints Commission for orders under section 17 of the Legal Profession & Legal Aid Act re:  G Ahmed and Meliora Legal Party Harper MacLeod LLP  

 

 

 

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