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 | |
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