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Friday 17th May 2024

 

Issue No. 165

 

and

 

Monday 20th May 2024

 

Issue No. 166

 

C O N T E N T S

 

Friday 17th May
Notices
Fixing Notice
Calling List
Walling List
Outer House (Adjustment) Roll
Notice
Outer House Rolls
Inner House Rolls
Monday 20th May
Notices
Fixing Notice
Notice
Outer 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 - 8th July 2025

Ordinary Action Proofs requiring more than 4 days - 20th August 2024

 

 

 

_________________

 

 

 

COURT OF SESSION

 

 

CALLING LIST

 

Friday 17th May

 

1 COS/PD183-24 Erin Grant v Craig Melville
 
Digby Brown LLP
 
2 COS/PD189-24 JWS v The Managers of Kenmure St Mary’s
 
Jones Whyte
 
3 COS/PD38-24 Kayreen Jones &c v Lothian Health Board
 
Thompsons
 
4 COS/PD184-24 Robert Courtney v Tarmac Cement & Lime Ltd
 
Thompsons
 

 

 

_______________

 

 


 

COURT OF SESSION

 

 

WALLING LIST

 

Friday 17th May

 

1 Petition The Scottish Ministers for a prohibitory property order in terms of Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 and warrants for inhibition and arrestment in respect of property held by Thiago de Oliveira, Chrystienne de Souza and 40Tree Management Limited (SC668801)
 
Civil Recovery Unit

 

 

_______________

 

 

 

OUTER HOUSE ROLLS

 

 

Adjustment in the undernoted cases commenced on Wednesday 15th 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 10th July 2024.

 

1 A139/23 Hogg &c v Russel & Aitken
 
Burness Paull LLP
 
Kennedys Scotland
 
 
2 A411/23 Laura Johnston-Brand &c v James Johnston &c
 
Brodies LLP
 
Gilson Gray LLP
 
 

 

 

______________

 

 


 

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

 

Tuesday 21st May

 

Section 15K Hearing

at 9.30am

 

COS/PD222-24 JWM v Douglas Hammond
 
Jones Whyte Party Litigant  

Case Management Hearing

at 10.00am

 

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

 

 

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  

1 Day Debate

 

CA38/24 Alumno Group Ltd v Strathcarron Homes (SGX) Ltd
 
DWF LLP
 
CMS

 

 

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
 
 

 

 

TO BE ALLOCATED

 

Tuesday 21st May

 

Starred Motion & Pre Proof By Order

 

A116/23 Glasgow City Council v James Stringfellow &c Harper MacLeod LLP
 
Drummond Miller LLP
 
Party

 

 

______________

 

 

 

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  

 

 

______________

 

 


 

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 - 8th July 2025

Ordinary Action Proofs requiring more than 4 days - 20th August 2024

 

 

 

_________________

 

 

 

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

 

 

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  

 


 

LORD BRAID – N Marchant, Clerk

 

Court 6 - Parliament House

 

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

 

 

LADY HALDANE – D Allen, Clerk

 

Court 10 - Parliament House

 

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  

 


 

LORD STUART – C Munn, Clerk

 

Court 4 - Parliament House

 

Wednesday 22nd May

 

Case Management Hearing

at 9.30am

 

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

 

 

TO BE ALLOCATED

 

Wednesday 22nd May

 

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 The Advocate General for and on behalf of Secretary State of Defence Lindsays LLP Morton Fraser MacRoberts LLP
 
 

Procedural Hearing

 

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

 

 

_________________