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Tuesday 14th May 2024

 

Issue No. 162

 

 

C O N T E N T S

 

 

 
 
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
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

 

 

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

 

 

 

_________________

 

 


 

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

 

 

 

_________________

 

 

 

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

 

 

_________________

 

 

 

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
 

 

 

_________________

 

 

 

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.

 

 

 

_________________

 

 


 

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
 
 

 

 

_________________

 

 

 

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  

 

 

_________________