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Thursday 27th June 2024

 

Issue No. 194

 

 

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

 

 

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 - 11th February 2025

Personal Injury Proofs requiring more than 4 days - 1st July 2025

Ordinary Action Proofs requiring more than 4 days - 1st October 2024

 

 

 

_________________

 

 

 

COURT OF SESSION

 

 

CALLING LIST

 

Thursday 27th June

 

1 COS/F37-24 Aileen Wilson v Gordon Wilson
 
Patience & Buchan
 
2 COS/A171-24 Discovery Corporate Services Ltd &c v Alison Murray &c
 
CMS
3 COS/A167-24 Discovery Corporate Services Ltd &c v The Coach & Horses Irvine Ltd &c
 
CMS

 

 

_________________

 

 


 

COURT OF SESSION

 

 

WALLING LIST

 

Thursday 27th June

 

1 Petition DF Concerts Limited, a Company incorporated under the Companies Acts (Registered Number SC333566) for Judicial Review of the decision by Glasgow City Council dated 25 March 2024 to grant full planning permission for part use of office (Class 1A) as residential flat (sui generis) and installation of replacement windows subject to conditions in respect of the land at 103 Douglas Street, Glasgow, G2 4EZ
 
Shepherd & Wedderburn LLP
 
2 Petition David Harvey for Judicial Review of the decision of the Chief Constable to dispense with the services of the petitioner as a constable in terms of Regulation 9 of the Police Service of Scotland Regulations 2013
 
Morton Fraser MacRoberts LLP (for PBW Law)
3 Petition Munaza Bibi for Judicial Review of a decision of an Entry Clearance Officer dated 16th April 2024 refusing the petitioner’s entry clearance as a visitor
 
Drummond Miller LLP as agents for RH and Co Solicitors, Glasgow
 
4 Petition The Nursing and Midwifery Council an extension of the period of an Interim Conditions of Practice Order imposed on a Registrant under Article 31(9) of the Nursing and Midwifery Order 2001 by 9 months to 5 May 2025
 
N/A
5 Petition John Johnson to restore Philip & Bruce (Timber) Limited to the register of companies
 
Thompsons

 

 

_________________

 

 

 

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

 

Wednesday 3rd July

 

Proof (1 day)

 

COS/PD157-21 Joseph McIlwraith v Bluevale Structures Ltd
 
Thompsons DWF LLP  

 

Friday 5th July

 

Judicial Review – Procedural Hearing

 

COS/P96-24 Pet:  Alan Houston for Judicial Review
 
Party Office of the Advocate General  

Starred Motion

 

COS/P1158-23 Pet:  UPLIFT for Judicial Review
 
Davidson Chalmers Stewart LLP Office of the Advocate General  

 

 

LORD BRAID – D Allen, Clerk

 

Court 6 - Parliament House

 

Wednesday 3rd July

 

Continued Procedural Hearing

between 9.15am and 10.00am

 

COS/CA81-23 Nicol of Skene Ltd v Richards Stott
 
CMS Blackadders LLP  

Continued Procedural Hearing

between 10.00am and 10.30am

 

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

 

Thursday 4th July

 

Procedural Hearing

between 9.00am and 9.30am

 

COS/CA7-24 Barry Stewart &c as joint liquidators of One Call Holdings Ltd v Mario Formisano
 
BBM Solicitors Ltd Harper MacLeod LLP  

Continued Procedural Hearing

between 9.30am and 10.00am

 

COS/CA26-24 Aberdeenshire Council v FMP Joint Venture Ltd
 
Brodies LLP CMS  

 

Friday 5th July

 

Procedural Hearing

between 9.30am and 10.00am

 

COS/CA42-24 Alasdair MacKenzie &c v Scottish Water &c DAC Beachcroft Scotland LLP Morton Fraser MacRoberts LLP
 
Brodies LLP
  Clyde & Co (Scotland) LLP
 
   

 

 

LORD SANDISON – L Morgan, Clerk

 

Court 12 - Parliament House

 

Wednesday 3rd July

 

Starred Motion

between 9.00am and 9.30am

 

A64/21 Struer Consulting Engineers Ltd v Gleeds Cost Management Ltd
 
Brodies LLP Addleshaw Goddard  

Procedural Hearing

between 9.30am and 10.00am

 

COS/CA111-23 A.Proctor Group Ltd v Don & Low Ltd MBM Commercial LLP
 
Thorntons Law LLP  

Judicial Review – By Order (1 day)

 

COS/P1082-23 Pet:  Cains Trustees (Jersey) Ltd &c as Trustees for the Eastgate Unit Trust for Judicial Review
 
Burness Paull LLP Harper MacLeod LLP  

 

 

LADY HALDANE – C Grant, Clerk

 

Parliament House

 

Wednesday 3rd July

 

Judicial Review – By Order

at 9.30am

 

COS/P194-24 Pet:  Mervin Hamunyela for Judicial Review Balfour + Manson LLP NHS Scotland Central Legal Office
 
 

 

 

LORD STUART – N Marchant, Clerk

 

Court 4 - Parliament House

 

Wednesday 3rd July

 

By Order

at 9.30am

 

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

 

Thursday 4th July

 

In terms of Rule of Court 49, a Proof has been allowed in the following action:

 

COS/F54-22 Gerard Sutton v Heather Sutton Wright, Johnston & MacKenzie LLP
 
Balfour + Manson LLP  

Continued By Order

at 9.30am

 

COS/AD2-24 Application for Authority to Adopt under the Adoption and Children (Scotland) Act 2007 re:  RM Wright, Johnston & MacKenzie LLP
 
   

 

Friday 5th July

 

Pre-Proof By Order

at 9.30am

 

COS/F64-22 Susan Goodall v Ian Goodall Wright, Johnston & MacKenzie LLP
 
Brodies LLP  

By Order

 

COS/F58-23 Laura Wiseman v Gavin Wiseman Patience & Buchan
 
SKO Family Law Specialists
 
 

Continued By Order

at 11.00am

 

COS/F71-22 Louise Whyte v Murray Whyte BTO Solicitors LLP
 
Gilson Gray LLP
 
 

 

 

TO BE ALLOCATED

 

Tuesday 2nd July

 

Proof (8 days)

 

COS/PD434-21 Fay McCracken &c v Scottish Borders Housing Association Ltd
 
Thompsons DAC Beachcroft Scotland LLP  

Proof (8 days)

 

COS/PD451-23 Grahame Campbell v Steel Erect (Shetland) Ltd
 
Digby Brown LLP Kennedys Scotland  

 

Wednesday 3rd July

 

By Order (Adjustment) Roll

 

A300/21 Multiplex Construction Europe Ltd v WSP UK Ltd
 
Brodies LLP CMS  

By Order

In terms of Rule of Court 43.6(3)

 

COS/PD18-24 Jose Sampedro v David Jeffrey &c Digby Brown LLP DAC Beachcroft Scotland LLP
 
Kennedys Scotland

By Order

 

COS/PD196-23 Paul Rathbone v James Findlay &c Bonnar Accident Law Ltd BTO Solicitors LLP
 
 

By Order

 

COS/PD442-23 Calum Murdison v Amazon UK Services Ltd Digby Brown LLP
 
DWF LLP  

 

Thursday 4th July

 

Case Management Hearing

 

COS/A224-22 Alison Hawkins &c v Dumfries & Galloway Health Board
 
Friends Legal NHS Scotland Central Legal Office
 
 

By Order

In terms of Rule of Court 43.6(3)

 

COS/PD362-22 Jamie-Leigh O’Neill v Royal and Sun Alliance Insurance Ltd
 
Friends Legal DWF LLP  

By Order

In terms of Rule of Court 43.6(3)

 

COS/PD382-23 Deirdre Brogan &c v Crudens (Milton Keynes) Ltd &c Digby Brown LLP Clyde & Co (Scotland) LLP
 
 

By Order

In terms of Rule of Court 43.6(3)

 

COS/PD383-23 Slawomir Paszak v Shannon Young &c Digby Brown LLP DAC Beachcroft Scotland LLP
 
 

By Order

 

COS/PD401-23 Gordon Nixon v Hermes Parcelnet Ltd Digby Brown LLP Clyde & Co (Scotland) LLP
 
 

 

Friday 5th July

 

Case Management Hearing

 

COS/A246-22 Mary Lawson v NHS Lanarkshire Drummond Miller LLP NHS Scotland Central Legal Office
 
 

By Order

 

COS/PD187-21 Bernadette Byrne &c v Grant Ward &c Thompsons Bonnar Accident Law Ltd
 
DAC Beachcroft Scotland LLP
  Drummond Miller LLP Clyde & Co (Scotland) LLP
 
 

By Order

 

COS/PD46-22 Wendy Sutherland &c v Crudens (Milton Keynes) Ltd Thompsons BLM LLP Keoghs Scotland LLP
 

 

 

_________________

 

 

 

INNER HOUSE ROLLS

 

 

FIRST DIVISION

 

Thursday 4th July

 

Summar Roll

 

A214/20 Reclaiming Motion (Lord Stuart) William Gray v Stuart McCallion &c Harper MacLeod LLP
 
Brodies LLP  

 

 

EXTRA DIVISION

 

Wednesday 3rd July

 

Procedural Hearing

 

A91/13 Reclaiming Motion (Lord Clark) Laura McCluskey v City Link Development Co Ltd &c
 
Allan McDougall CMS  

 

Friday 5th July

 

Continued Procedural Hearing

 

COS/XA54-23 Apex Services re:  Saqib Deen for Appeal under Town & Country Planning
 
Campbell & McCartney Solicitors SGLD  

 

 

_________________