Tuesday 14th May 2024
Issue No. 162
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 |
* 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 - 17th December 2024
Personal Injury Proofs requiring more than 4 days - 24th June 2025
Ordinary Action Proofs requiring more than 4 days - 20th August 2024
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COURT OF SESSION
CALLING LIST
Tuesday 14th May
1 | COS/A171-23 Allianz Properties Ltd v Balfour Beatty Regional Construction Ltd | DAC Beachcroft Scotland LLP |
2 | COS/CA38-24 Alumno Group Ltd v Strathcaron Homes (SGX) Ltd | DWF LLP |
3 | COS/PD148-24 Margaret MacDonald &c v Munro Brothers (Contractors) Ltd | Thompsons |
4 | COS/PD144-24 Owen Condon &c v Alexander Morrison Ltd | Thompsons |
5 | COS/A112-24 Rajat Ali v Robert Gallo &c | Nisbets Solicitors Ltd |
6 | COS/A125-23 Rybka Ltd v City Building (Glasgow) LLP | Clyde & Co (Scotland) LLP |
7 | COS/PD155-24 Terence McShane v UK Insurance Ltd | Gildeas Ltd |
8 | COS/PD181-24 William Monaghan v Camas Properties Ltd | Digby Brown LLP |
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COURT OF SESSION
WALLING LIST
Tuesday 14th May
1 | Petition | Tri Dinh Pham for Judicial Review of the Home Office’s decision to refuse to reinstate the petitioner’s asylum claim | Drummond Miller LLP as agents for No Borders Law Solicitors, Glasgow |
2 | Petition | Gordon Hayworth (AP) for Judicial Review of the ongoing delay and failure of NHS Greater Glasgow and Clyde Board to implement order of the Mental Health Tribunal for Scotland made on 13 November 2023 and 15 February 2024 | Balfour+Manson LLP |
3 | Petition | Duong Van Nguyen (AP) for Judicial Review of a decision of the Secretary of State for the Home Department to issue a Reasonable Grounds Decision on 12 February 2024, that the Petitioner was not a victim of trafficking in the UK | Drummond Miller LLP as agents for Just Right Scotland Solicitors, Glasgow |
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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
Thursday 16th May
By Order
at 9.00am
COS/F60-23 James Lithgow v Claire Lithgow | BTO Solicitors LLP | Brodies LLP | |
LORD BRAID – N Marchant, Clerk
Court 6 - Parliament House
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 | |
LORD SANDISON – L Morgan, Clerk
Court 12 - Parliament House
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 |
| Keoghs Scotland LLP | | |
COS/CA104-23 Balfour Beatty Construction Ltd v Ryder Architecture Ltd | CMS | Clyde & Co (Scotland) LLP | |
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 | |
LADY HALDANE – C Grant/D Allen, Clerk
Court 10 - Parliament House
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 | |
TO BE ALLOCATED
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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INNER HOUSE ROLLS
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 | |
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