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Friday 28th June 2024

 

Issue No. 195

 

 

C O N T E N T S

 

 

 
 
Erratum
Notices
Fixing Notice
Calling List
Walling List
Outer House Rolls (Adjustment)
Notice
Outer House Rolls

 


 

E R R A T U M

 

 

The undernoted entry should have appeared for calling on Issue No. 192 of the Rolls of Court published on Tuesday 25th June 2024:

 

1 CA36/24 HFD Offices Ltd v Wood Group UK Ltd
 
Brodies LLP
 

 

 

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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 - 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

 

 

 

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COURT OF SESSION

 

 

CALLING LIST

 

Friday 28th June

 

There will be no calling list for today’s date.

 

The calling list will resume publication in the rolls on Tuesday 2nd July.

 

 

 

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COURT OF SESSION

 

 

WALLING LIST

 

Friday 28th June

 

1 Petition Energy Transition Zone Limited for an order under section 46 of the Court of Session Act and for interdict and interdict ad interim
 
Shepherd & Wedderburn LLP
2 Petition JP Morgan Europe Limited acting as Depositary of Fidelity UK Real Estate Fund for an order in terms of section 122 of the Insolvency Act 1986 to wind up
 
CMS Cameron McKenna Nabarro Olswang LLP
3 Petition Hoang Van Nguyen for Judicial Review of the Home Office’s reconsideration decision dated 26th April 2024 in relation to whether the petitioner is a victim of modern slavery
 
Drummond Miller LLP as agents for Latta and Co Solicitors, Glasgow
 
4 Petition Chong Liang Xue for Judicial Review of a decision of the Upper Tribunal (Immigration and Asylum Chamber) dated 21st April 2024 refusing permission to appeal to itself
 
Drummond Miller LLP as agents for Katani and Co Solicitors, Glasgow
 
5 Petition Robert Logan for Judicial Review of a decision by North Lanarkshire Council dated 28 March 2024 making an exclusion order under s 117(1) of the Civic Government (Scotland) Act 1982
 
Balfour + Manson LLP
6 Petition Robert Logan for Judicial Review of a decision by North Lanarkshire Council dated 28 March 2024 making an exclusion order under s 117 (1) of the Civic Government (Scotland) Act 1982
 
Balfour + Manson LLP

 

 

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OUTER HOUSE ROLLS

 

 

Adjustment in the undernoted cases commenced on Wednesday 26th June 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 21st August 2024.

 

 

1 A87/24 Nichola Aitken v Glenbervie Golf Club Ltd
 
BTO Solicitors LLP
 
Anderson Strathern LLP  
2 A148/24 Express Pipework Systems Ltd v Jonathan Maclean &c
 
A & W M Urquhart Jones Whyte  
3 A189/24 Sharon Ednie v NHS Fife Health Board
 
DAC Beachcroft Scotland LLP NHS Scotland Central Legal Office
 
 

 

 

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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

 

 

TO BE ALLOCATED

 

Tuesday 2nd July

 

Starred Motion

 

COS/PD106-23 Lorraine Moffat &c v Robert Waddell t/a Robert Waddell Contractors
 
Digby Brown LLP BTO Solicitors LLP  

 

 

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