Thursday 30th May 2024
Issue No. 174
C O N T E N T S
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| Notices |
| Fixing Notice |
| Calling List |
| Walling List |
| Notice |
| Outer House Rolls |
| Inner House Rolls |
N O T I C E
With immediate effect the administration office will adopt an appointment system for issuing photo passes at its public counter. Should any customer wish to arrange for a photo pass to be issued, an in-person appointment should be made in advance. This will ensure that a staff member is available to meet with the customer at a time that is mutually suitable. It may not be possible to guarantee that a member of staff will be available to meet in-person if an appointment is not made in advance.
The administration team can be contacted at administrationunit@scotcourts.gov.uk
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 - 14th January 2025
Personal Injury Proofs requiring more than 4 days - 15th July 2025
Ordinary Action Proofs requiring more than 4 days - 3rd September 2024
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COURT OF SESSION
CALLING LIST
Thursday 30th May
| 1 | COS/PD196-24 James Parker v Marshmallow Financial Services Ltd &c
| Drummond Miller LLP |
| 2 | COS/F18-24 Jennifer Mahaffy v Mark Mahaffy
| Brodies LLP |
| 3 | COS/PD197-24 Margaret Ewing v Marshmallow Financial Services Ltd &c | Drummond Miller LLP
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| 4 | COS/PD211-24 Thomas Storey v Wood Group UK Ltd
| Thompsons |
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COURT OF SESSION
WALLING LIST
Thursday 30th May
| 1 | Petition | Alasdair Malcolm for Judicial Review of a counter proposal passed at the Annual General Meeting of Prestwick St Cuthbert Golf Club on 29th February 2024 purporting to amend its Constitution by adding a provision that all playing adult members pay a minimum of 65% of the Subscription fee inclusive of Life Members
| DAC Beachcroft Claims Scotland LLP |
| 2 | Petition | Abdulrahman Muattaz Yassein for Judicial Review of a decision by the Secretary of State for the Home Department to refuse to grant indefinite leave to remain
| Drummond Miller LLP as agents for Latta and Co Solicitors, Glasgow
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| 3 | Petition | Hoang Van Phung for Judicial Review of the Home Office’s reconsideration decision dated 10th 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
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| 4 | Petition | Fahmida Bibi (AP) for Judicial Review of a decision by the Secretary of State for the Home Department
| Drummond Miller LLP as agents for Norman Lawson Solicitors, Glasgow
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| 5 | Note | Matthew Stewart Barbour for leave to bring proceedings against Upper Clyde Shipbuilders Limited
| Thompsons |
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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
LORD ERICHT – C Wright, Clerk
Court 11 - Parliament House
Wednesday 5th June
By Order (Adjustment) Roll
A113/21 Arthur Simmers v Green Cat Renewables Ltd &c
| Stronachs | CMS | |
Continued Case Management Hearing
at 2.00pm
| COS/A230-22 Linda Thomson &c v Kingsgate Medical Practice &c | Friends Legal | BTO Solicitors LLP | NHS Scotland Central Legal Office
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LADY CARMICHAEL – E Hunter, Clerk
Court 8 - Parliament House
Tuesday 4th June
Case Management Hearing
at 9.00am
| COS/F46-23 Nicola Fox v Edward Fox &c | Gilson Gray LLP | Brodies LLP | DAC Beachcroft Scotland LLP
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Case Management Hearing
at 9.30am
COS/F100-23 Jamie Hargreaves v Melissa Cooney
| Balfour + Manson LLP | TC Young LLP | |
Wednesday 5th June
Pre-Proof By Order
at 9.30am
| COS/F80-23 Morag Lemons v Christopher Lemons | Harper MacLeod LLP
| SKO Family Law Specialists | |
Thursday 6th June
In terms of Rule of Court 49, a proof has been allowed in the following action:
| COS/F40-23 Giancarlo Romano v Marija Bilic | DAC Beachcroft Scotland LLP
| SKO Family Law Specialists | |
LORD SANDISON – L Morgan, Clerk
Court 12 - Parliament House
Tuesday 4th June
Continued By Order
between 9.00am and 9.30am
| A410/14 James McArthur &c v Arthur Horsey &c | Fleming & Reid | Aberdein Considine & Co
| BTO Solicitors LLP |
By Order
between 9.30am and 10.00am
CA30/20 The University Court of the University of Edinburgh v Geoff Turnbull
| Brodies LLP | Balfour + Manson LLP | Urquharts |
Starred Motion
between 10.00am and 10.30am
COS/P1049-23 Pet: Dalkeith Transport & Storage Co Ltd for an order restoring to the Register of Companies
| Gillespie Macandrew LLP | Party | |
Wednesday 5th June
Continued By Order (Adjustment) Roll
between 9.00am and 9.30am
| COS/A300-22 Siobhan McFadyen v Kings Park Surgery &c | Slater & Gordon Scotland Ltd
| MDDUS | |
Procedural Hearing
between 9.30am and 10.00am
COS/P1173-23 Pet: Mark Kelly for orders pursuant to sections 994 and 996 of the Companies Act 2006
| Blackadders LLP | | |
Continued Preliminary Hearing
between 10.00am and 10.30am
| COS/CA94-23 MEX Group Worldwide Ltd v Stewart Ford &c | Levy & McRae Solicitors LLP
| BTO Solicitors LLP | Party |
| | Harper MacLeod LLP
| CMS | |
Thursday 6th June
Continued Procedural Hearing
between 9.00am and 9.30am
COS/CA102-23 REX Property Developments Ltd v Onestop Access (Scotland) Ltd
| Harper MacLeod LLP | TC Young LLP | |
Judicial Review - By Order
between 9.30am and 10.00am
COS/P211-24 Pet: Network Rail Infrastructure Ltd for Judicial Review
| Dentons UK and Middle East LLP | Anderson Strathern LLP | Pinsent Masons LLP |
By Orders
between 10.00am and 10.30am
| A289/16 Margaret Gallagher v Arthur Horsey &c | Fleming & Reid | MBM Commercial LLP
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A89/17 Nancy Stewart v Lorraine McKenzie
| Fleming & Reid | Thorley Stephenson | Addleshaw Goddard |
COS/A81-24 Elizabeth Fyfe v Lauren McCarthy
| Fleming & Reid | | |
Preliminary Hearing
between 10.30am and 11.00am
| COS/CA28-23 India Buildings Ltd &c v The Liquid Room Ltd | Gillespie Macandrew LLP
| Anderson Strathern LLP | |
LADY HALDANE – C Grant, Clerk
Court 10 - Parliament House
Tuesday 4th June
Judicial Review – Oral Hearing
| COS/P44-24 Pet: Gurbir Singh for Judicial Review | Drummond Miller LLP | Office of the Advocate General
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Wednesday 5th June
By Order
| COS/PD197-23 Margaret Prentice &c v 00732757 Ltd | Thompsons | Clyde & Co (Scotland) LLP
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By Order
| COS/PD251-23 Callum Storrie v Beth Stobbo | Digby Brown LLP | DAC Beachcroft Scotland LLP
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Thursday 6th June
Case Management Hearing
| COS/A166-22 Laura Lindsay &c v Lanarkshire Health Board &c | Allan McDougall | NHS Scotland Central Legal Office
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Continued Pre-Proof By Order
| A125/19 Joy Harrison &c v NHS Grampian | Balfour + Manson LLP | NHS Scotland Central Legal Office
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LORD RICHARDSON – D Allen, Clerk
Court 7 - Parliament House
Wednesday 5th June
By Order
between 9.30am and 10.00am
| CA84/18 Caudwell Properties (108) Ltd v AWG Group Ltd | Addleshaw Goddard | Eversheds Sutherland (International)
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LORD STUART – C Munn, Clerk
Court 4 - Parliament House
Monday 3rd June
Proof (1 day)
| COS/AD10-23 Application for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re: EO | SKO Family Law Specialists | | |
Tuesday 4th June
By Order
| COS/P363-24 Pet: Roman Prigodin for enforcement of Part 1 Order | Drummond Miller LLP
| Party | |
Wednesday 5th June
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
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Thursday 6th June
By Order
at 9.30am
| COS/F100-22 Sarah Di Ganci v Anthony Di Ganci | Drummond Miller LLP | SKO Family Law Specialists
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By Order
at 4.15pm
| F70/20 Saddah Hassan v Elham Goutri | Drummond Miller LLP | Murphy Robb & Sutherland Solicitors
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Friday 7th June
By Order
at 9.30am
| COS/AD3-24 Pet: Note by North Lanarkshire Council for variation of a Permanence Order re: AD21/16 | Ledingham Chalmers LLP | | |
TO BE ALLOCATED
Thursday 6th June
Case Management Hearing
| COS/A224-22 Alison Hawkins &c v Dumfries and Galloway Health Board | Friends Legal | NHS Scotland Central Legal Office
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By Order
| A367/19 University Court of University of Edinburgh v Lavision Biotech GmbH | Pinsent Masons LLP | Wright, Johnston & MacKenzie LLP
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Friday 7th June
Judicial Review – Substantive Hearing
| COS/P686-23 Pet: Alamzeb Hamid for Judicial Review | Drummond Miller LLP | Office of the Advocate General
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Case Management Hearing
| COS/A322-22 William Sloan &c v Lanarkshire Health Board | Jones Whyte | NHS Scotland Central Legal Office
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Case Management Hearing
| COS/A142-22 Gwom Peter &c v Devi Putta | Drummond Miller LLP
| MDDUS | |
By Order
| PD58/18 Fatmah Albuloushi v John Barr | Digby Brown LLP | Clyde & Co (Scotland) LLP
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INNER HOUSE ROLLS
FIRST DIVISION
Tuesday 4th June
Summar Roll
CA105/20 Reclaiming Motion (Lord Braid) DMWSHNZ Ltd v Bank of Scotland Plc
| Anderson Strathern LLP | Addleshaw Goddard | |
EXTRA DIVISION
Wednesday 5th June
Procedural Hearing
A91/13 Reclaiming Motion (Lord Clark) Laura McCluskey v City Link Development Co Ltd &c
| Allan McDougall | CMS | |
Thursday 6th June
Procedural Hearing
COS/P833-23 Reclaiming Motion (Lord Sandison) Pet: Wildcat Haven Community Interest Co for Judicial Review
| Drummond Miller LLP | SGLD | |
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